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by Shara Siegel

On June 14, NYCLA’s Task Force onJudicial Independence, co-chaired by Hon.Betty Weinberg Ellerin, Senior Counsel,Alston & Bird LLP, and Norman L. Reimer,Esq., NYCLA Past President and ExecutiveDirector of the National Association ofCriminal Defense Lawyers, sponsored aconference hosted by the Dwight D.Opperman Institute of JudicialAdministration, New York UniversitySchool of Law, entitled “Protecting JudicialIndependence: What Judges and the BarAssociation Can Do.” Beginning with wel-coming remarks on videotape by SupremeCourt Justice Sandra Day O’Connor, the all-day conference was an opportunity for stateand federal judges, lawyers and members ofthe press to discuss the array of pressuresthat affect judicial independence.

Protecting Judicial Independence:

What judges and the bar association can do

CENTENNIAL

CELEBRATION EVENT:

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In June, NYCLA issued threereports that offer recommendationson ways to reform Housing Court,which include: protocols for judgesto follow in proceedings involvingpro se litigants, a right to counsel inHousing Court cases and guidelinesfor Guardians Ad Litem cases.Prepared by the Task Force on theHousing Court, the reports are titled:Protocols for Judges in theSettlement and Trial of CasesInvolving Unrepresented Litigants inHousing Court, Right to Counsel inHousing Court, and Resources in theHousing Court. The Task Force is anoutgrowth of a major conferenceNYCLA sponsored in 2004, “TheNew York City Housing Court in the21st Century: Can It Better Addressthe Problems Before It?.”

Catherine A. Christian, NYCLAPresident, praised the Task Force andits co-chairs, Hon. Marcy S.Friedman, Justice, New York StateSupreme Court, and Paula Galowitz,Clinical Professor of Law, New YorkUniversity School of Law, saying, “Iapplaud them for producing reportsthat contain groundbreaking andpractical recommendations for theimprovement of the administrationof justice in Housing Court. Theirwork reflects NYCLA’s continuingcommitment to expand access to jus-tice for all.”

Protocols ReportAccording to a report issued by the

Office of the Deputy ChiefAdministrative Judge for JusticeInitiatives in December 2005, approxi-mately 90 percent of the tenants inHousing Court appear without alawyer, whereas approximately thesame percentage of the landlords arerepresented by counsel. The ProtocolsReport offers the most detailed guide-lines published to date in the UnitedStates for more active oversight byjudges of cases involving unrepre-sented litigants, and is accompanied bya memo providing the ethical founda-tion for the recommended protocolsand best practices for allocution ofstipulations, as well as for motions andtrials in proceedings involving pro selitigants.

In most Housing Court cases, prose parties are opposed by representedparties. This disparity in access to rep-resentation results in the parties’unequal access to information abouttheir legal rights and unequal abilityto assert legal claims, and thus pre-sents unique challenges for the Courtin the delivery of justice. TheProtocols and Best Practices in theReport are significant tools in pro-viding more meaningful access to jus-tice for pro se litigants in HousingCourt. For example, the Protocols forthe Allocution of Stipulations wouldrequire the Housing Court Judge to

review all stipulations to which a prose litigant is a party to try to ensurethat the pro se litigant understandsand agrees with the terms of the stip-ulation, and understands the alterna-tives to settlement, including the rightto a trial. The Protocols for Motionsand Hearings/Trials would require theHousing Court Judge to explain theprocess and take measures to ensurethat the pro se litigant has an oppor-tunity to be heard. Additionally, theReport recommends that the Courtprovide training and support neces-sary to ensure that the implementa-tion of the Protocols and BestPractices will be a success.

Right to Counsel ReportThe Right to Counsel Report

reviews NYCLA’s considerableefforts to secure a right to counsel, aswell as funding for such a right, sothat poor people will be representedby lawyers in cases that affect theirability to remain in their homes. Therecommendations made to secure aright to counsel include: [the] orga-nized bar’s support for a civil right tocounsel, New York City legislationproviding a civil right to counsel,adequate state funding for civil legalservices, a high-quality comprehen-sive state system for access to justicein New York and the exercise of judi-cial power to assign counsel.

NYCLA issues three reports on Housing Court Reform

Hon. James A. Yates (at podium), Justice, Supreme Court of the State of New York, leda plenary session titled “Media Pressures.” Participants were (from left to right):Jonathan Dienst, NBC reporter and co-chair, Freedom of the Press Committee, NewYork Press Club; William Rashbaum, New York Times reporter; Larry Neumeister,Associated Press reporter; and Barbara Ross, Daily News reporter. (Not pictured: KatiCornell, New York Post reporter)

See HOUSING, Page 15

See PROTECTING, Page 15

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J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 3

Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions.

C E N T E N N I A LC A L E N D A R O F E V E N T S

Book Review: Business andCommercial Litigation in FederalCourts, 2nd Edition…4

Centennial Calendar of Events…3

Centennial Page…11

CLE Programs…9

CLE Tech Programs…13

Clerkships for Law SchoolGraduates…9

Enhanced Job Postings…3

Ethics Hotline…17

Events in Lower Manhattan andBeyond…14

Kenneth C. Frazier to PresentCharles Evans Hughes Lecture…3

Library Notes…13

Meet the Newest Members of theNYCLA Board of Directors…6

Member Benefits…4

Message From the CLE Director…9

Message From the President…5

NYCLA Issues Three Reports onHousing Court Reform…1

NYCLA Member Successful inPetition Filed on Behalf of DanishWorkers…8

NYCLA Running Team Debuts…14

Past Events…10

Practice of Law Series…9

Protecting Judicial Independence:What Judges and the Bar Can Do…1

Public Policy Developments…4

Public Service Fellowship EssayCompetition…6

Race, Law and American Politics: AnEvening With Professor GloriaBrowne-Marshall…4

Six Steps to Email Efficiency…12

Speeches from Conference:Protecting Judicial Independence…8

T A B L E O F C O N T E N T S

SEPTEMBERCENTENNIAL CELEBRATIONEVENT: CHARLES EVANS HUGHESMEMORIAL LECTUREThursday, September 66:00 PMPlace: NYCLA Home of Law – 14 VeseyStreetFREESpeaker: Kenneth C. Frazier, ExecutiveVice President and General Counsel ofMerck & Co, Inc.Sponsor: Hughes Hubbard & Reed LLPRSVP: dlamb@nycla.org and write‘September 6 Event’ in Subject line.(For more information about thisevent, please refer to the article on thispage.)

CENTENNIAL CELEBRATIONEVENT: CONVERSATIONS WITHWOMEN IN THE GLOBAL WORK-PLACETuesday, September 186:00 PMPlace: NYCLA Home of Law – 14 VeseyStreetFREESponsors: Foreign and International Law,Labor Relations and Employment Lawand Women’s Rights Committees

CENTENNIAL CELEBRATIONEVENT: PUBLIC SERVICE AWARDSRECEPTIONWednesday, September 196:00 PMPlace: NYCLA Home of Law – 14 VeseyStreetFREESalutes lawyers in the public sector andwinners of the Criminal Justice Section’sPublic Service Fellowship EssayCompetition.(More information about this event willbe in the September newsletter.)

OCTOBERCENTENNIAL CELEBRATIONEVENT: PUBLIC FORUM – RECENTDEVELOPMENTS IN NON-PROFITORGANIZATION LAWTuesday, October 26:00 PMPlace: NYCLA Home of Law – 14 VeseyStreetFREESpeakers: Jay Gerzog, Esq., Epstein, Becker& Green; Karin Goldman, Esq., NYS Officeof Attorney General’s Charities Bureau;Jeffrey Haskell, Esq., Foundation Source;David Samuels, Esq., Duval & Stachenfeld,LLP; and Sumitra Subramanian, Esq.,Lawyers Alliance for New YorkTopics to be discussed are: responsibilitiesof directors under Sarbanes Oxley and inother areas, new lobbying rules for non-profits, new NYS rules on dissolution ofcharities, joint ventures and nonprofitsand the Pension Protection Act of 2006 asit affects nonprofits.Sponsor: Non-Profit OrganizationsCommitteeRSVP: dlamb@nycla.org and write‘October 2 Forum’ in Subject line.

CENTENNIAL CELEBRATIONEVENT: Race, Law and AmericanPolitics, an Evening with ProfessorGloria Browne-Marshall Monday, October 226:00 PMPlace: NYCLA Home of Law – 14 VeseyStreetFREEBook-signing event with Gloria Browne-Marshall, playwright, John Jay Professorof Criminal Justice and author of Race,Law and American Politics (2007).Sponsor: Library CommitteeCo-Sponsors: Art and Civil RightsCommittees(For more information, please refer tothe article on page 4.)

Kenneth C. Frazier, Executive VicePresident and General Counsel ofMerck & Co, Inc., will present theCharles Evans Hughes MemorialLecture on Thursday, September 6, atthe NYCLA Home of Law.

Kenneth C. FrazierMr. Frazier joined Merck in 1992 as

Vice President, General Counsel andSecretary of the Astra Merck Group.He was appointed Vice President ofPublic Affairs in 1994 and becameGeneral Counsel in 1999. He is amember of Merck’s ExecutiveCommittee, a senior managementgroup that evaluates and makesstrategic decisions for the Company.

Mr. Frazier received his J.D. fromHarvard Law School in 1978 andupon graduation, began his law careerat Drinker Biddle & Reath LLP.

In addition to his corporate work,Mr. Frazier performs extensive probono work; he took on a leadershiprole and successfully waged a six-yearfight to free James Willie “Bo”Cochran, an Alabama man sentencedto death for the 1976 murder of astore manager. In recognition of hislegal advocacy, public service andcivic and community contributions,Mr. Frazier received the Associationof Corporate Counsel’s 2004Excellence in Corporate PracticeAward.

Mr. Frazier is a member of theCouncil of the American LawInstitute and the American BarAssociation. He sits on the boards ofIthaka Harbors, Inc. (a non-profitinformation technology organization),Legal Services of New Jersey,Cornerstone Christian Academy andthe Ethics Resource Center. He is alsoa member of numerous advisoryboards, among them are theUniversity of Pennsylvania Law andEconomics Center, Seton HallUniversity Health Law & PolicyCenter, Rand Institute for CivilJustice and the National Legal Aid &Defender Association.

Hon. Charles Evans HughesIn 1948, NYCLA established the

Charles Evans Hughes Memorial

Lecture seriesto honor Hon.Charles EvansHughes (1862-1948), whoserved as theAssociation’seighth president( 1 9 1 9 - 1 9 2 1 ) ,Governor ofNew York( 1 9 0 7 - 1 9 1 0 ) ,A s s o c i a t eJustice of theSupreme Court( 1 9 1 0 - 1 9 1 6 ) ,U.S. Secretary of State (1921-1925) andChief Justice of the Supreme Court(1930-1941). In 1916, he resigned fromthe Supreme Court to run as theRepublican U.S. presidential candidate,losing one of the closest presidential elec-tions in history to Woodrow Wilson.

Mr. Hughes launched his lawcareer before graduating from lawschool. In 1871, after the GreatChicago Fire killed more than 300people, a Chicago lawyer, Walter S.Carter, had so many claims to prose-cute involving insurers bankrupted bythe fire that he moved his office toNew York. Since he had more busi-ness than he could personally handle,he decided to hire the most promisinglaw students to help him and, in adeparture from standard practice,paid these “associates” a salary. Oneof these associates was Charles EvansHughes. When Mr. Hughes enteredthe Carter law firm upon graduationfrom Columbia Law School in 1884,the firm’s name was Chamberlain,Carter & Hornblower. Four yearslater, Mr. Hughes was made partnerand the law firm’s name was changedto Carter, Hughes & Cravath.

Now known as Hughes Hubbard &Reed LLP, the law firm assumed spon-sorship of the lecture series in 2007.Past lecturers have included: RoscoePound, Esq.; Whitney North Seymour,Esq., Hon. Jack B. Weinstein, U.S.District Court, Eastern District ofNew York; and, most recently, in 2005,Robert MacCrate, former ABAPresident and Senior Counsel atSullivan & Cromwell.

Kenneth C. Frazier to present CharlesEvans Hughes Memorial Lecture

Kenneth C. Frazier

SSAAVVEE TTHHEE DDAATTEENYCLA’s 93RD Annual Bar DinnerTo Honor the Court of Appeals

December 11, 2007 - Waldorf Astoria

NYCLA members can now registeronline to receive new job postings byemail. To register, go towww.nycla.org, enter your memberinfo and click on Jobs in the MembersOnly section. You will automaticallyreceive new job listings for 30 days.Members can easily extend or discon-

tinue the service. NYCLA will alsopost your job openings at no cost.Please send information electronically(PDF preferred) to kwells@nycla.org.For more informa-tion, please callKatharine at 212-267-6646, ext. 209.

ENHANCED JOB POSTINGS

4 J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r

Business and Commercial Litigationin Federal Courts, 2nd edition, editedby Robert L. HaigPublished by Thomson West

by Richard A. Williamson, Esq.

The eight-volume Second Edition ofBusiness and Commercial Litigation inFederal Courts, edited by Robert L.Haig, is the best legal resource I know ofto find, in an efficient manner, both thesubstantive law and the “nuts-and-bolts” strategy for effective commerciallitigation in the federal courts.

The Second Edition has 36 substan-tive law and 60 procedural chapters, 16more than the first edition, written by a‘who’s who’ of distinguished judges andlawyers. The procedural chapters beginwith detailed pre-trial strategies on juris-diction, venue, drafting pleadings, dis-covery requests and motion practice,continue with a step-by-step approach totrials, appeals and enforcement of judg-ments, and also include insightful tips oncase evaluation and investigation, as wellas techniques for litigation avoidanceand streamlining.

Among the 16 new chapters is an excel-lent one (Chapter 22), “Discovery OfElectronic Information,” co-written byHon. Shira A. Scheindlin, federal district

court judge in the Southern District ofNew York, a recognized pioneer (throughher series of Zubulake decisions) andexpert in this new and evermore complexarea. The checklists appended to thechapter provide invaluable assistance inidentifying the existence and location ofpotentially relevant electronically storedinformation.

David Boies has written an informa-tive chapter (Chapter 56), titled“Litigation Technology,” which showshow litigation in the federal courts willsoon be forever changed by new tech-nology. While most attorneys with activecases in federal court should now befamiliar with electronic filing, manyattorneys may not yet be aware of howother, new technologies can be usedthroughout the litigation process. Forexample, the chapter has a discussion onthe use of electronic briefs submitted toa court in CD-ROM format, with hyper-links to all cited cases, documents andtestimony (including excerpts fromvideotapes). Our firm submitted a briefelectronically last month in the SouthernDistrict of New York to make the judge’sreview of a memorandum of law and thecited authorities an easier process. Usedjudiciously, this rather expensive presen-tation of a brief may be cost effective, ifonly because the court may spend more

time reading cited materialswhen they are so readilyavailable.

A new chapter, “Civility,”by Michael B. Keating,should be read by all litiga-tors, especially those whohave been practicing formany years. In it, he discusseshow federal courts havebecome more receptive to motions basedon “uncivil” deposition conduct. Whatused to be described as a “robust” depo-sition defense may now, in some cases, bedescribed as uncivil conduct that is sub-ject to sanctions.

The substantive law chapters providecomprehensive overviews of federal lawthat the commercial practitioner is likelyto encounter in federal court, such asAntitrust, Securities, Admiralty andMaritime Law, Patents, Trademark,Copyright, Labor Law, EmploymentDiscrimination, ERISA and RICO.Thesechapters also present strategic insightsshowing the commercial litigator how touse the substantive law to best advantage.Especially useful are the appended Formsand sample Jury Instructions.

In sum, the 96 chapters in this eight-volume work show even the most expe-rienced commercial litigator how tolitigate more efficiently and effectively

in federal court. Both theauthors of the individualchapters and Robert Haig,the editor of all eight vol-umes, deserve congratula-tions for producing amasterful overview of litiga-tion in the federal courts. Incombining in a single seriesstrategic advice on both sub-

stantive and procedural federal law, theSecond Edition of Business andCommercial Litigation in FederalCourts is a “must have” addition toevery law library.

Mr. Williamson is a senior partner atFlemming Zulack Williamson ZaudererLLP, a frequent CLE lecturer at NYCLAand elsewhere on litigation in federalcourt, past chair of NYCLA’s FederalCourts Committee and author of thechapter titled “Partnerships” inCommercial Litigation in New YorkState Courts, Second Edition, the NewYork State court counterpart to the fed-eral court treatise that is the subject ofthis book review. He handles commerciallitigation, trials and appeals, product lia-bility, mass torts, professional liability,partnership, corporate and commercialmatters in state and federal courtsthroughout the United States.

BOOK REVIEW

by Shara Siegel

NYCLA’s LibraryCommittee will sponsor abook-signing event onOctober 22 at 6:00 PM fea-turing playwright and JohnJay Professor of CriminalJustice Gloria Browne-Marshall, author of Race,Law and American Politics(2007). This event, co-spon-sored by the Civil Rightsand Art Committees, is partof the Library’s ongoingbook-signing series, whichhave included authors Pete Hamill andColonel Matthew Bogdanos. In accor-dance with NYCLA’s Centennial theme“Advocating Equality…CreatingOpportunities,” Ms. Browne-Marshallwill trace 200 years of racial discrimina-tion in American law from colonial timesto the present.

Ms. Browne-Marshall, an attorney withexpertise in Constitutional law and inter-national issues, has a litigation back-ground in civil rights, children’shealthcare, education and criminal justice.Throughout her career, Ms. Marshall has

pursued law and policyissues concerning the indi-gent, specifically children,women and people of colorin the United States, Africaand Europe. She is theformer Legal Advisor to theUnited Nations’ PermanentRepresentation of theAfrican Bureau ofE d u c a t i o n a lSciences/Organization ofAfrican Unity in Geneva,Switzerland and New York.Additionally, she has pre-sented interventions before

the United Nations in Geneva on mattersof racial justice.

Book-signing events promote aware-ness about NYCLA’s invaluableresearch collections, which includesaccess to over 200,000 volumes, as wellas scholarly archival documents, oldtreatises, superseded documents andrare books that date as far back as the17th century.

Ms. Siegel is the CommunicationsAssistant at the New York CountyLawyers’ Association.

Race, law and American politics - an evening withProfessor Gloria Browne-Marshall

Gloria Browne-Marshall

JUNE 11, 2007 – NEW YORK, NY – TheNew York County Lawyers’ Association(NYCLA) has issued comments preparedby its Criminal Justice Section opposingsections 11 through 15 of New York StateBill S.5848, which would substantially cur-tail access to relief under Article 440 ofthe Criminal Procedure Law by severelylimiting when motions could be filed tochallenge a wrongful conviction.

JUNE 13, 2007 – NEW YORK, NY –The New York County Lawyers’Association (NYCLA) has issued aletter prepared by its Criminal JusticeSection to New York Senators Hillary

Clinton and Charles Schumer andPatrick Leahy (D-VT) in support of theJohn R. Justice Prosecutors andDefenders Incentive Act of 2007 (S.442), which urges the Senate to pass thisbipartisan bill that would provide up to$10,000 of loan forgiveness to publicdefenders and prosecutors who make acommitment to remain in public servicefor a specified amount of time.

To read reports, amicus briefs, lettersand other documents related toNYCLA’s public policy initiatives, logon to www.nycla.org and click on Newsand Publications.

PUBLIC POLICY DEVELOPMENTS

The 12th edition of the Attorneys’ Guide to Civil Practicein the New York County Supreme Court is now available!

An order form is enclosed in this issue.

See article on page 8 for more information or call Katharine Wells at 212-267-6646, ext. 209.

CORRECTIONIn the June issue, the article titled 14 Vesey Street, Part II incorrectly stated thatAstor House, the hotel located around the corner from the site that was to becomethe Home of Law, was demolished in 1915, a year after John Jacob Astor IV per-ished in the Titanic. Astor House was, in fact, demolished in 1913, a year after Mr.Astor perished aboard the Titanic (in 1912). We apologize for the error.

NYCLA members can save up to 25 per-cent on DHL’s full suite of shipping ser-vices, including: DHL Next Day, DHL2nd Day, DHL Ground and Internationaldelivery services. Call 1-800-MEMBERS(1-800-636-2377, 8:00 AM-7:00 PM EST)today to speak with a dedicated MemberService Representative or visit

www.1800members.com/nycla to set upyour free account.

*Certificate offer is subject to terms andconditions. All services may not be avail-able in all areas and are subject to DHLTerms and Conditions as published atwww.dhl-usa.com.

MEMBER BENEFIT – DHL

NYCLA is selling members a limitednumber of tickets to the August 31 daysession of the US Open. Tickets cost$58.00. (NYCLA members pay no ticketsurcharges). The reserved seats are inthe promenade section of the ArthurAshe Stadium in rows M-Z and includefirst-come, first-served access to LouisArmstrong Stadium, the Grandstandand all field courts.

To order tickets, contact KatharineWells at kwells@nycla.org or 212-267-6646, ext. 209.

Ticket reservations require creditcard information. Members who wouldlike tickets mailed to them must requestthis service at the time of ordering andpay the postage fee.Tickets will be avail-able for pick up from NYCLA, 14 VeseyStreet, in early August.

MEMBER BENEFIT - FRIDAY, AUGUST 31

J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 5

At a recent New YorkCounty Lawyers’ Association’sLunch with a Judge programfor summer associates, twojudges spoke of the career satis-faction each had obtained intheir pre-judicial careers, one asa government attorney and theother as a civil legal servicesattorney. Several of theprospective lawyers in the audi-ence asked the judges whetherit “made sense” to start theircareers in public service in lightof the tremendous college andlaw school debt they facedupon graduation.

We should all bemoan thefact that many of our futurelawyers will be unable to affordto work as public defenders,prosecutors or public interestattorneys. It is a shame thatbecause of crippling studentloan debt, many of our best andbrightest young lawyers cannotimagine working as a lawyerfor a public interest or publicsector agency. It is especiallyshameful in light of recentheadlines and news storiesreporting that some lenderspay universities incentives inexchange for steering studentsto preferred lenders. Some ofthese ‘incentives’ haveincluded entertainment andmeals in addition to paymentsto these universities. Thisscandal came to light thanks inlarge part to an investigationconducted by the Office of theNew York State AttorneyGeneral. As a result, theAttorney General has devel-oped a Student Loan Code ofConduct, which has formed thebasis for much-needed reformsin the student loan industry.The media is now reportingabout universities and lendersagreeing to follow the AttorneyGeneral’s Code of Conduct,and that is certainly welcomenews.

One positive impact of thisscandal has been the increasedattention on the escalating costof higher education and the crit-

ical need for loan-forgivenessprograms. Such programs wouldprovide young lawyers with anincentive to enter public serviceand allow employers in thepublic sector or public interestto retain these experiencedattorneys who leave becausethey must earn more money tohelp eliminate their crushingloan debt. The typical loan-for-giveness program requires thelaw school graduate to committo at least three years in apublic sector or public interestposition.

Last month, NYCLA joinedwith other bar associations,including the NationalAssociation of CriminalDefense Lawyers, NationalDistrict Attorney’s Associationand American Bar Association,in applauding the United StatesHouse of Representatives’recent passage of a loan-for-giveness program, the John R.Justice Prosecutors andDefenders Incentive Act of2007, for attorneys inthe criminal justicefield. Under this pro-gram, attorneys eli-gible for loanrepayment could haveup to $10,000 per yearof student loan debtrepaid. Loan repay-ments would becapped at a maximumof $60,000 per indi-vidual. In a letter written by ourCriminal Justice Section, weurged the U.S. Senate to followthe House’s lead and pass thisbipartisan legislation. We high-lighted the fact that both publicdefenders and prosecutors areunderpaid, and victims, indigentdefendants and courts would bebetter served if more excep-tional lawyers consideredentering and remaining inpublic service.

In recognition of the finan-cial sacrifice many new criminaljustice attorneys make to enterpublic service, NYCLA’sCriminal Justice Section annu-

ally sponsors a Public ServiceFellowship Essay Competition.Stipends funded by charitabledonations are awarded to twonewly admitted public sectorattorneys practicing in the fieldof criminal justice who carrymore than $30,000 in educa-tional debt.

Of course, lawyers in otherpublic service areas who havelarge student loan debt are alsoin need of assistance. Accordingto the 2006 NationalAssociation for Law PlacementPublic Sector and PublicInterest Attorney SalaryReport, “The median entry-level salary for an attorney at acivil legal services organizationis $36,000; an attorney with 11-15 years of experience canexpect a salary of$55,000...salaries for attorneysin public interest organiza-tions…start at $40,000 and riseto $65,000 with 11-15 years ofexperience.” Public servicelawyers in big cities are at even

more of a financialdisadvantage thanlawyers who prac-tice elsewhere; inNew York City, thesalaries are higher,but so is the cost ofliving. Given thatthe price of a con-dominium inManhattan can costover a million dol-

lars and the rental market iscommensurately high, a newpublic interest lawyer can facean average home price of overten times his or her income.These statistics should be trou-bling to everyone because bigcities have the largest publicsector and public interestoffices and many young lawyerstrained in cities will eventuallybe forced to relocate to otherareas.

One can easily understandwhy a law student facing enor-mous debt would ask whether it“made sense” to enter publicservice.

A M E S S A G E F R O M T H E P R E S I D E N T

Catherine A. ChristianNew York CountyLawyers’ Association 14 Vesey StreetNew York, NY 10007-2992. Phone: (212) 267-6646 Fax: (212) 406-9252

Catherine A.Christian

President

Sophia JGianacoplosExecutive Director

Mariana HoganChair, Newsletter Editorial Board

Marilyn J. FloodCounsel to NYCLA

Executive Director of the NYCLA Foundation

Anita AboulafiaEditor

Director of Communications

Shara SiegelCommunications Assistant

Shirley BrackenAdvertising Manager

Long Island Business News631-913-4262

Copyright © 2007 New YorkCounty Lawyers’ Association. All rights reserved. New YorkCounty Lawyers’ Associationgrants permission for articles andother material herein or portionsthereof to be reproduced and distributed for educational or professional use through direct contact with clients, prospectiveclients, professional colleaguesand students provided that suchuse shall not involve any matterfor which payment (other thanlegal fees or tuition) is made and provided further that allreproductions include the nameof the author of the article, thecopyright notice(s) included inthe original publication, and anotice indicating the name anddate of the Association publica-tion from which the reprint ismade. Subscription rate: $10.00per year for non-members

New York County Lawyer is published monthly (exceptJanuary and August) for $10 per year by New York CountyLawyers’ Association, 14 VeseyStreet, New York, NY 10007.Periodicals postage paid is mailedat New York, NY and additionalmailing offices. POSTMASTER:Send address changes to: NewYork County Lawyer, 14 VeseyStreet, New York, NY 10007-2992.

USPS #022-995ISSN: 1558-5786

$10.00 of membership dues is deducted for a one-year subscription to the New YorkCounty Lawyer.

Photo Credits:Anita AboulafiaKatharine Wells

The Student Loan Albatross

6 J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r

Thursday, October 25, 2007 - 6:00 PMNYCLA Home of Law – 14 Vesey Street

OKTOBERFESTReception & Beer Tasting

for New Associates

SAVE THE DATENew York County Lawyers’ Association

Invites you to a

MEET & GREET“Summer Break” ReceptionWelcoming New Members to the

Home of Law14 Vesey Street

(between Broadway and Church Street)

Wednesday, August 1 - 6:00 PMRSVP: Katharine Wells at kwells@nycla.org.

The Criminal Justice Section of the New York County Lawyers’ Association Announces

THE 2007 PUBLIC SERVICE FELLOWSHIP ESSAY COMPETITION

TOPIC“THE CRIMINAL JUSTICE SYSTEM’S

COLLECTION OF DNA: WHERE TO DRAW THE LINE”Last year, New York expanded the collection of DNA from convicted criminals to

encompass all felony convictions and many misdemeanors. The federal governmentrecently enacted a law requiring that DNA be collected from anyone arrested for a federaloffense or detained for immigration purposes, and bills proposed in Albany would similarlyencompass everyone arrested for a state criminal offense.

On one hand, the existence of a state and national DNA databank has led to the solvingof previously unsolved cases and the exoneration of wrongly convicted individuals. On theother hand, some would argue that the continued expansion of DNA collection and useinfringes upon the civil liberties of a free society. Where do you think the line should bedrawn for the collection and use of DNA by the criminal justice system and why?

Who: Newly admitted public sector attorneys (practicing up to seven years) in the fieldof criminal justice who carry more than $30,000 in educational debt are invited to compete.

What: Write a three-page opinion essay on the above topic. No research or citations arerequired. The essay will be judged on creativity, persuasive reasoning and quality of writing.

How: Send the essay to “Criminal Justice Section Essay Competition,” c/o NYCLA, 14Vesey Street, New York, NY 10007, with a cover letter indicating your year of graduationand post-law-school work history, explaining why you entered public service and outliningthe state of your educational debt.

When: * MUST BE POSTMARKED by August 10, 2007.*

Why: Win a cash stipend of at least $2,000 to alleviate educational debt.

Where: Celebrate the winners at the September 19, 2007 Public Service AwardsReception at NYCLA, 14 Vesey Street, New York, NY 10007.

Questions?Email: Vincent Rivellese, Co-Chair, Criminal Justice Section, at vin@rivellese.com orMichael J. Yavinsky, Co-Chair, Criminal Justice Section, at myavinsk@courts.state.ny.us

May 22, 2007Dear Member:

The New York County Lawyers’ Association’s (NYCLA) Criminal Justice Section isproud to again sponsor the Public Service Fellowship Essay Contest

NYCLA will award two newly admitted, public sector attorneys, who are practicing inthe criminal justice field and have significant educational debt, a financial stipend basedon an essay competition. Our topic this year is “The Criminal Justice System’s Collectionof DNA: Where to Draw the Line?”

Your tax-deductible contribution helps to remind our profession of society’s respon-sibility to provide adequate funding for the criminal justice system. Please make checkspayable to NYCLA Foundation - Public Service Fellowship and mail:

NYCLA Foundation, Criminal Justice Section Essay Contest, 14 Vesey Street, NewYork, New York 10007. If you are interested in discussing a naming opportunity, pleasecall Marilyn Flood, Foundation Executive Director, at 212-267-6646, ext. 222.

The stipends help recognize the financial sacrifice our newest colleagues make byentering public service despite the overwhelming educational debt, and help educateour profession about the astounding obstacle new lawyers from all sectors face becauseof educational debt.

The stipends will be awarded at a public ceremony on September 19th when NYCLAhonors all of those committed to public service.We hope you will join us the evening ofSeptember 19th at this free event and thank you for your continuing support.

Very truly yours,

Susan J. Walsh, Esq.

by Shara Siegel

At NYCLA’s Annual Meeting onMay 24, 14 Board members wereelected. Below are profiles of eightBoard members. (The September issuewill contain profiles of the other sixBoard members.)

Vincent T. ChangWollmuth Maher & Deutsch LLPPartner

Mr. Chang hasworked on complexlitigation for nearly20 years for both cor-porate plaintiffs anddefendants. His case-load has includedcases involving thefinancial services,insurance, pharma-ceutical, internet andtobacco industries, and such areas of lawas RICO, insurance, antitrust and securi-ties. Prior to joining Wollmuth Maher &Deutsch, Mr. Chang was an associateand then counsel at Davis Polk &Wardwell in New York. Mr. Changserved as law clerk to Hon. Robert B.Krupansky, United States Court ofAppeals for the Sixth Circuit. Mr.Chang is the president of the AsianAmerican Bar Association of NewYork, was a member of the judicialscreening panel of the New York CityBar Association and served as vicechairman of two committees of theAntitrust Section of the American BarAssociation. He received his law degreefrom Harvard Law School.

Hon. Margaret J. FinertyGetnick & GetnickPartner

Judge Finerty joined Getnick &Getnick in 1998 after a distinguishedcareer in public service. Appointed byMayor Rudolph W. Giuliani, she servedas a Judge of the Criminal Court of theCity of New York from 1995 to 1998.She is the coordinator of the firm’sIndependent Private Sector InspectorGeneral (IPSIG) and independent mon-itoring practice, and is actively involvedin the firm’s other practice areas. In2004, Judge Finerty and the firmGetnick & Getnick were appointed bythe U.S. District Court for the Eastern

District of New York as the Monitor ofthe New York Racing Association. Shecurrently chairs NYCLA’s JudiciaryCommittee and co-chairs NYCLA’sTask Force on Judicial Selection, inaddition to serving as a SubcommitteeCo-Chair for the Task Force to IncreaseDiversity in the Legal Profession. JudgeFinerty is a NYCLA representative tothe New York State Bar Association’sHouse of Delegates. She is a graduateof Cornell University School of Law.

Hon. Marcy S. FriedmanNew York Supreme CourtJustice

Judge Friedman was appointed ajudge of the Housing Court of the CivilCourt of New York and served from1991 to 1994. She was an elected judgeof the Civil Court of the City of NewYork from 1994 to 2003, and was electedagain in 2004. She currently serves asActing Supreme Court Justice of theState of New York. She is a member ofNYCLA’s Justice Center AdvisoryBoard and co-chaired its Task Force onthe Housing Court. Previously, she wasan associate at Willkie, Farr & Gallagher,a staff attorney at The Legal Aid Societyand a managing attorney for MFY LegalServices. Judge Friedman graduatedfrom the University of PennsylvaniaSchool of Law.

David GrunblattProskauer Rose LLPPartner

As head of the cor-porate immigrationpractice for ProskauerRose, Mr. Grunblatthas had extensiveexperience counselingclients regarding alltypes of immigrationlaw issues. Prior tojoining ProskauerRose, Mr. Grunblattwas a partner and head of the corporateimmigration practice for Wildes,Weinberg, Grunblatt & Wildes, P.C.,where he practiced for over 20 years. Heserved as chair of the New York State BarAssociation’s Committee onImmigration and Nationality Law andchaired NYCLA’s Pro BonoImmigration Defense Project and its

Meet the newest members ofthe NYCLA Board of Directors

See MEET, Page 7

Vincent T. Chang

David Grunblatt

J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 7

Immigration and Nationality LawCommittee. Mr. Grunblatt is a graduateof New York University School of Law,where he was also awarded an L.L.M. inTaxation.

Vilia B. HayesHughes, Hubbard & Reed LLPPartner

As a litigationpartner at Hughes,Hubbard & ReedLLP, Ms. Hayes spe-cializes in product lia-bility litigation andemployment litiga-tion, with experiencein both state and fed-eral courts. She is co-chair of the firm’s ProBono Committee. Additionally, Ms.Hayes is chair of the Federal BarCouncil’s Committee on Second CircuitCourts and treasurer of the Federal BarCouncil, co-chair of NYCLA’s ElectionLaw Committee, member of its FederalCourts Committee and former chair ofthe Litigation Committee for the CityBar. She is a graduate of FordhamUniversity School of Law.

Mariana Hogan Professor of LawNew York Law School Directorof Externship Program

Professor Hogan has taught at NewYork Law School since 1992. She regularly

teaches Trial Advocacy and Advocacy ofCriminal Cases and she runs the lawschool’s Criminal Law Clinic andExternship Programs. As a member andthen as co-chair of NYCLA’s Task Forceon the Representation of the Indigent,Professor Hogan was instrumental in thecreation of a monitoring program toensure competent representation fordefendants who could not afford counsel,and she currently serves on the monitoringcommittee for the Appellate Division FirstDepartment. Professor Hogan is amember of the Mayor’s AdvisoryCommittee on the Judiciary and regularlyteaches advocacy skills for the NationalInstitute for Trial Advocacy. ProfessorHogan was recently appointed chair ofNYCLA’s Communications Committee.Additionally, she has been a co-sponsor ofthe Annual Federal Criminal PracticeInstitute, which seeks to diversify thepanel of attorneys available to representindigent clients in the federal courts.Professor Hogan received her law degreefrom Georgetown University Law Center.

Sue C. JacobsGoodman & Jacobs LLPMember

Ms. Jacobs specializes in insurance lit-igation, insurance coverage and profes-sional liability at Goodman & JacobsLLP. She is a columnist on professionalliability for the New York Law Journal,and she has authored and co-authoredseveral publications on insurance litiga-tion and other aspects of the law. Ms.

Jacobs was a founder of and lecturer forNYCLA’s Annual Solo and Small FirmPractice Program from 2000 to 2006. Sheserved as NYCLA’s treasurer andchaired NYCLA’s Insurance Committeefrom 1990 to 1996 and 2002 to 2003. Ms.Jacobs received her law degree fromPace University.

Hon. George Bundy SmithChadbourne & Parke LLPPartner

Judge Smith servedas an Associate Judgeof the New YorkCourt of Appeals for14 years, from 1992until his retirement inSeptember 2006. Heserved as a Justice ofthe Supreme Court ofthe State of New Yorkand then as anAssociate Justice ofthe Supreme Court, Appellate Division,First Department. Previously, JudgeSmith worked as an attorney for theNAACP Legal Defense and EducationalFund, Inc. and was the administrator ofNew York City’s Model Cities Program.Judge Smith chairs NYCLA’s JusticeCenter Advisory Board and the Board ofTrustees of Grace CongregationalChurch and is a member of the Board ofDirectors of the Harlem Dowling –Westside Center for Children and FamilyServices. Judge Smith is a graduate ofYale Law School and received an L.L.M.

in Judicial Process from the University ofVirginia School of Law. He also earneda doctorate in political science from NewYork University.

Lewis F. TesserTesser & Ryan LLPPartner

At Tesser & Ryan,LLP, Mr. Tesser con-centrates in disputeresolution, profes-sional ethics, share-holder and partnershipmatters and adminis-trative law. He hasserved as an attorneyin the Judge AdvocateGeneral’s Corps, U.S.Army, assistant U.S. attorney for the EasternDistrict of New York and as an arbitrator forthe American Arbitration Association. He iscurrently a mediator for the SouthernDistrict of New York. At NYCLA, Mr.Tesser serves as Co-chair of the CLE andProfessional Discipline Committees andthe Task Force on Ethics Reform. Mr.Tesser is a graduate of the GeorgeWashington University School of Law andhas a Masters from the Wharton GraduateSchool, University of Pennsylvania.

Ms. Siegel is the CommunicationsAssistant at New York County Lawyers’Association.

Meet the newest members of the NYCLA Board of DirectorsFrom Page 6

Vilia B. Hayes

Hon. GeorgeBundy Smith

Lewis F. Tesser

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8 J u l y / A u g u s t / N e w Y o r k C o u n t y L a w y e r

Presentation by Hon. George Bundy Smith (Ret.),Associate Judge, New York Court of Appeals,Partner, Chadbourne & Parke LLP

I am happy to be here today and to discuss thetopic of judicial independence. My thanks to JudgeBetty Weinberg Ellerin, a friend since we were LawClerks together and ran together for the SupremeCourt in 1979. My thanks also to Catherine Christianfor her remarks, to Oscar Chase, a friend from lawschool days, to Norman Reimer and to all who havemade my appearance possible.

In Federalist Papers Numbers 78 through 81,Alexander Hamilton discusses the role of judges inthe new democracy that was about to be established.For a few minutes, I want to discuss some issues thathe identified in Federalist Papers 78 and 79.

First, Hamilton argued for lifetime tenure forjudges, a rule to be adhered to during the goodbehavior of the judge.And he did so for a reason.Thejudiciary would be the weakest of the three branchesof government, he argued. The executive, he stated,not only bestows honors but also holds the sword ofthe community. The legislature not only holds thepurse but prescribes the rules by which the conductof every citizen should be regulated. The judiciaryhas neither sword nor purse but must rely for itseffectiveness only upon its rulings.

Second, Hamilton stated, “The complete indepen-dence of the courts of justice is peculiarly essential ina limited constitution.” The liberty of the people isassured only so long as the judiciary remains indepen-dent of both the executive and legislative power.

Third, according to Hamilton, judges have aresponsibility not only to interpret laws but also topreserve the constitution. Judges have a duty to pre-serve the Constitution because it is the people andnot the executive or the legislature who ratify theConstitution and that Constitution is their protectionagainst the excesses of government.

Fourth, Hamilton contended, not everyone hasthe skill or the integrity to be a judge. None of usfinds pleasant the necessity to discipline attorneys. Itis all the more unpleasant to conclude that somejudges must be disciplined.

Over the last number of years, New York andAmerica have seen increasing attacks upon judges,attacks not just upon their decisions but also upontheir persons.While many of these attacks have beenverbal or written, the failure of the legislatures and

governors to provide pay raises to judges is also anattack upon judges and can only be termed dis-graceful. Many judges have concluded that their onlyalternative is to sue for relief.

I have often been asked, what if judges do sue?Do they have a chance to win? My answer is twofold.First, judges have a chance to win if those deciding thecase read and believe in the vision of the judiciaryespoused by Alexander Hamilton in the Federalistpapers. Second, judges have a chance to win if thosehearing the case and those reviewing any decision ofthe lower courts see the need for the judiciary toremain independent of the executive and legislativebranches of government and are unafraid to put thosebeliefs into practice.

The independence of judges must be maintainedregardless of any pay raise or efforts to obtain payraises.We live in times when there are fierce debatesabout a number of issues - about our national andpersonal security, about abortion, about same sexmarriages and relations, about the death penalty andabout many other issues.The role of the legislature isto debate these issues and to come to some resolu-tion. This often must be done by compromise. Butdebate and compromise are also essential to the judi-ciary. No effort should be made in choosing orelecting judges to have all judges of one mind andone decision. The issues facing us are much too con-troversial and important for such a limited view ofthe judiciary. The role of judges of differing views isto debate and compromise unless that issue is so fun-damental that compromise is impossible.

Make no mistake, the judiciary is threatened todayas it has never been. In the conference today, in theseminars and in the discussions, the views of AlexanderHamilton should be paramount. Written two hundredyears ago, his words are telling for those of us whobelieve that the independence of judges is essential ina limited constitutional democracy. The independenceof the judiciary is in your hands and in mine. I for oneintend to keep fighting for that independence.

Presentation by Hon. Francis T. Murphy - PresidingJustice (Ret.), Appellate Division, First Department,Of Counsel to Kelley Drye & Warren LLP

Of the three branches of Government, the judi-ciary is the weakest and the most in need of protec-tion. Alexander Hamilton put it this way, “…due tothe natural feebleness of the judiciary, it is in con-

tinual jeopardy of being overpowered, awed or influ-enced by its coordinate branches.”

It is clear to every trial and Appellate Judge inthe nation: protecting a constitutional right of anaccused or decide the “wrong way” in a civil caseand depending on the politics of the day, you mayput on your hat and coat, drive home and informyour spouse and children that you have just signedyour political death warrant. Judicial cleansingexists in many forms.

On the other hand, if you want to survive as aJudge, then just go along. It may actually be a liber-ating experience, freeing one in a single stroke fromthe niceties of the bill of rights or the drudgery ofreviewing lengthy records. One will have become apractical, realistic person, acknowledging what allpoliticians know: There are points to be made with“politically correct” decisions.

However, you will also know that you are cor-rupting the judicial process by violating your oathof office, that you are no longer an impartial Judgethat, in the eyes of the public, if political power canweaken your commitment to crucial issues such asfreedom, then you have opened the door todeceiving yourself on mundane issues, including thetempting ones of property and commerce. In short,you will have traded your moral authority for a paycheck and the pleasure of being called a Judge. Youwill have become an actor in a tragedy of your owncontrivance.

We know this is not an option.We also know that the most important qualifica-

tion of a Judge, the one never mentioned in aresume, is conscience. Nearly 800 years ago,Maimonides wrote these words: “Moral conduct isa preparation for intellectual progress: only thatman whose character is pure, calm and steadfast canreach right judgments.”

Judges are the embodiment of that ancient tradi-tion of which Maimonides spoke, a tradition thatentwines morality and intellectual achievement, thatdraws mankind to justice and mercy as the verycenter of life that evolves from each person’s rever-ence for God and for the lives of those he has cre-ated. To live that tradition, does not insulate Judgesfrom the outside pressures in their daily lives.

A Judge after 10 or 14 years on the bench – upfor reelection or redesignation – obviously is con-cerned. He or she must go, hat in hand, to the local

leader or appointing authority. “You shouldn’thave any trouble” most are told – the inference isthat you could.

It’s a serious problem if just one of those Judgesstrays a few degrees because he feels the pressure“to wink” at the Constitution. Eliminate that pres-sure. The system should be purified of politics asmuch as possible. Do something for the public andhave life tenure or tenure to a certain age for Judgeswhether elected or appointed. It’s the duty of lawschools and bar associations to be our advocates.Every candidate for executive or legislative office, ifsincere about an independent judiciary, shouldstand for life tenure or tenure to a retirement age. Ifthe politicians don’t want it – what could be theirmotive? If you really want independent Judges notinfluenced by press or politicians to decide withoutfear or favor in the best interest of the public, cor-rect this system, which we all know cannot betrusted. It is a question of priorities.

Does the public interest come ahead of a polit-ical interest?

The founding fathers answered the question inthe federal courts a couple of hundred years ago withlife tenure to their Judges. They wanted to giveJudges all the independence they could. They werefirm in their conviction that permanence of officewas a crucial institutional safeguard to protect thejudiciary from political encroachment and insuretheir role as guardian of liberty. They told us that inthe Declaration of Independence. Of King GeorgeIII they wrote, “He has made Judges dependent onhis will alone for the tenure of their offices.”

It seems odd to deny to state Judges that which isproven in federal courts. Whether this change or anyreforms you are discussing today are enacted, onetruth never changes: You, the independent judiciary,represent the hidden soul – the conscience ofAmerica. You are the natural heirs of the framers ofthe Constitution. Your forebears came from plannedfamines, from deadly pogroms, from denied free-doms and from ignored injustices and in theirpockets there was only hope. For them, a Judge whowas not a coward, a Judge who found the law andcleaved to it, a Judge who took counsel only from hisconscience, a Judge who bent a knee to no oneexcept his God, that Judge was this man’s ideal of anation free of tyranny.

You are that Judge.

Speeches by Hon. George Bundy Smith and Hon. Francis T. Murphy at Conference –Protecting Judicial Independence: What Judges and the Bar Association Can Do

This summer, NYCLA will publish the12th edition of the Attorneys’ Guide toCivil Practice in the New York CountySupreme Court. The Attorneys’ Guide isdesigned as an informative aid to mem-bers of the bar practicing in one of theState’s most important courts. The Guidecontains comprehensive information onthe operations of the court. It explains, forexample, key operations of all of thecourt’s offices (motion practice, orders toshow cause, assignment of cases, trial pro-cedures, guardianship procedures, etc.),the court’s electronic filing program, theautomated differentiated case manage-ment program, the Neutral EvaluationProgram and other ADR programs, theCommercial Division and the like. TheGuide contains much information on thelitigation-related functions of the CountyClerk’s Office in New York County. It pro-vides telephone numbers for Justices,Referees, offices and Parts, lists judicialassignments for the year and makes avail-able the court’s rules. The Guide is theonly publication that provides for the barboth summaries of court procedures andbiographical and Part information on themembers of the Court.

The Attorneys’ Guide is an annual pro-ject of NYCLA’s Supreme CourtCommittee, co-chaired by Howard W.Burns Jr. and Henry J. Kennedy. By meansof the Guide, the Committee seeks to sim-plify practice for attorneys by making muchpractical information about the operationsof the court available to the bar and so

lessen somewhat the burdens on busy prac-titioners.At the same time, dissemination ofthis information reduces demands on thetime of court personnel, who would other-wise be called on to answer many questionsabout local practice.

The Attorneys’ Guide was conceived byDierdre A. Burgman, then chair of theSupreme Court Committee, and was firstpublished in 1995. Ms. Burgman oversawthe first two editions of the Guide. Overthe course of the ensuing decade, theAttorneys’ Guide was greatly expandedunder the editorship of Poppy BinghamQuattlebaum, former chair of theSupreme Court Committee and pastmember of NYCLA’s Board of Directors,and Robert C. Meade Jr., former com-mittee co-chair.

The Attorneys’ Guide benefits from thegenerous assistance of key Court per-sonnel who are also active in the work ofNYCLA, including Hon. Jacqueline W.Silbermann, Administrative Judge of theSupreme Court, Civil Branch, New YorkCounty, County Clerk Norman Goodman,John F.Werner, Chief Clerk and ExecutiveOfficer, and James A. Rossetti, ChiefDeputy County Clerk.

The Attorneys’ Guide to Civil Practice inthe New York County Supreme Court isavailable to NYCLA members at the spe-cial rate of $50 (regularly $100). To orderyour copy of the 2007 edition, please fill outthe enclosed form. For more information,please contact Katharine Wells atkwells@nycla.org or 212-267-6646, ext. 209.

by Ian Anderson

On May 10, 2007, the European UnionParliament in Brussels voted overwhelm-ingly – 544 in favor and 29 against – in sup-port of a petition I filed on behalf of theForeningen For Straaleramte Thulearbejdere(Association of Radiation Impaired ThuleWorkers) against Denmark.The petition wasbrought to force Denmark’s compliance withEuropean Union law requiring all memberstates to medically monitor populationgroups potentially exposed to ionizing radia-tion. The May 10 voting procedure involvingthe entire EU Parliament was rare, havingbeen implemented only twice before in theParliament’s history.

Although this was an EU case, it origi-nated from an incident involving theUnited States. On January 21, 1968, duringthe Arctic winter and permanent night inGreenland, a fire broke out aboard a U.S.B 52 plane on an early warning and retali-ation mission over the polar region. Sincethe plane carried nuclear weapons, thecrew bailed out, leaving it on a fixed flightpath. Eventually the plane crashed on afrozen fiord near the U.S. military base atThule, Greenland. The crash created ahuge explosion and fireball, in which thebombs burned but did not detonate.Deadly weapons-grade plutonium in theform of plutonium oxide was released bythe fire in a toxic plume over the crash siteand several miles beyond it.

At that time, the U.S. base at Thule hada large maintenance staff of Danish con-tract workers since American soldiers andpersonnel were in Vietnam. Consequently,

Danish workers and local Inuits rushed tothe crash site in a mistaken attempt torescue the B 52 crew. As a result they werecontaminated by the plutonium plume.Eventually the B 52 plane melted the fiordice and sank.

Prior to the crash, the Danish govern-ment promised the Danes that it wouldnever permit the U.S. to fly overGreenland with nuclear bombs; however,by secret agreement with the U.S., theDanish government had agreed to "lookthe other way" if the U.S. conducted suchflights.The crash occurred two days beforegovernment elections in Denmark.

After the crash the U.S. ordered theremoval of contaminated ice and snowfrom the crash site together with pieces of

NYCLA member successful in petitionfiled on behalf of Danish workers

2007 Attorneys’ Guide to Civil Practice inthe New York County Supreme Court

Ian Anderson (at right), arguing thecase, in the EU Parliament with a client.

See PETITION, Page 15

Trial Techniques for BeginnersDetailed discussions concerning trial strategy, witness preparation, jury selection,opening/closing statements and direct/cross examination. Hearsay objections andother evidentiary issues will be discussed.

October 4, 2007 – 6:00 PMSpeaker: Jeffrey M. Kimmel

Keeping Your Firm’s FinancesDiscussion of various financial matters concerning starting and runningyour law practice, including taxes, insurance, bookkeeping, software,time recording and office systems.

November 15, 2007 – 6:00 PMSpeaker: Richard Klass

Preparing a Trial Notebook Learn the basics of preparing a trial notebook, issuing subpoenas, jury selection,opening/closing statements and direct/cross examination. Evidentiary issues includ-ing in limine motions, demonstrative evidence and objections will be discussed.

October 11, 2007 – 6:00 PMSpeaker: Jeffrey M. Kimmel

Great Tips for Building a Successful Practice Doron and Clyde, with a combined 30 years of experience, provide their top sugges-tions for building a successful solo and small firm practice. The emphasis is on spe-cific, straightforward, no-holds barred, practical advice and personal insights.

November 29, 2007 – 6:00 PMSpeakers: Clyde Eisman and Doron Zanani

Writing Retainer Agreements, Setting Fees and Getting Paid (Part I) Legal, ethical and practical considerations when you write your retainer agree-ments and set your fees. How to treat your clients so they want to pay you.

October 18, 2007 – 6:00 PMSpeaker: Martin L. Feinberg

Manage Your Relationships With Clients, Judges and Opposing Counsel, So That They Don't Manage You!

An analytical and practical approach to anticipate, be prepared for, handle andavoid conflicts with other players in the legal profession. Discussion of problemsthat attorneys routinely face (including the "unexpected" curve balls) and suggestedresolutions. Attendance is limited to 20.

December 6, 2007 -6:00 PMSpeakers: Clyde Eisman and Doron Zanani

Writing Retainer Agreements, Setting Fees and Getting Paid (Part II) Legal, ethical and practical considerations when you write your retainer agreementsand set your fees. How to treat your clients so they want to pay you.

November 8, 2007 – 6:00 PMSpeaker: Martin L. Feinberg

What Every Lawyer Needs To Know About The Part 137Fee Dispute Resolution Program

Your rights and responsibilities when your client disputes your fees and the lawrequires that you arbitrate.

December 13, 2007 – 6:00 PMSpeakers: Martin L. Feinberg and Heidi Leibowitz

The series is free to all NYCLA members. All programs are held on Thurs-days from 6:00-8:00 PM at the Home of Law, 14 Vesey St. (between Broadwayand Church Street). Refreshments are served. To register: emailkwells@nycla.org or fax this page to 212-406-9252. Please check boxes allprograms you wish to attend.

NAME

EMAIL

PHONE

NUMBER YEARS ADMITTED TO BAR

J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 9

THE PRACTICE OF LAW SERIESPrograms led by experienced attorneys in informal settings to help you manage your practice.

Earn valuable CLE credits and increaseyour legal knowledge this summer

Newly admitted attorneys can fulfill theirfirst- and/or second-year MCLE require-ments while experienced attorneys canbrush up on their skills by attending Bridgethe Gap 1 (Friday and Monday, July 20 and23) and/or Bridge the Gap 2 (two Fridays,August 3 and 10). Both full-day programs(9:00 AM-5:00 PM on BOTH days) will beconducted by an excellent faculty from the

bench, bar and government agencies. (Fee:$255, members; $355, non-members).

Experienced attorneys can take advan-tage of our video replays during July andAugust. Programs are planned to fit theneeds of your busy schedule. Early risers canattend our Breakfast with NYCLA seriespresented from 8:30-11:00 AM: OnWednesday, July 25, Ethical Approach toPreparing or Coaching the Witness and onThursday, August 16, How to Protect YourLaw License. (Fee for the above-mentioned

programs: $95, members; $125, non-mem-bers). In addition, four Video ReplayMarathons are scheduled this summer. Earn6 MCLE non-transitional credits at Co-opsand Condos and Advanced Issues in Co-opand Condo Practice on Friday, July 27 from8:30-11:30 AM and 2:00-5:00 PM or receive 5MCLE non-transitional credits at Rock Starsof Rainmaking: How the Best AttorneysAttract Clients and Generate Business onThursday,August 23 from 8:30-11:00 AM and2:00-4:30 PM. The Civil Trial Practice

Institute will be replayed on four evenings –July 31, August 1, 7 and 8 – providing atten-dees with 14 MCLE non-transitional creditsand the Criminal Trial Advocacy Institutewill be replayed on Tuesday and Wednesdayevenings – August 14, 15, 21 and 22 – pro-viding 13.5 MCLE non-transitional credits.Replays of the Institutes will be presentedfrom 5:30-9:00 PM. Fee for each of the VideoReplay Marathons is $125 for members and$165 for non-members.

A Message from the CLE Director, Bari Chase

See CLE Programs on Page 17

This spring, NYCLA hosted the Practiceof Law Series, a succession of programsled by experienced attorneys ininformal settings to help NYCLA mem-bers manage their practices. JeffreyKimmel (left) presented a program on

“Preparing a Trial Notebook” on May29. NYCLA member Simone Archer(right) was one of the attendees. Othertopics addressed in the series were:Writing Retainer Agreements, Buildinga Successful Practice, Keeping Your

Firm’s Finances, Managing yourRelationships with Clients, Judges andOpposing Counsel, Trial Techniques andFee Dispute Resolution. The series willbe held again this fall (see schedulebelow).

PRACTICE OF LAW SERIES

Attention: LitigatorsDesperately Seeking a Case in the New York Law Journal?The New York Law Journal has been removed from the LexisNexis service and is

only available with a two-week embargo on Westlaw. The NYCLA Library sub-

scribes to the New York Law Journal and our librarians will be happy to help you

with your research.

Looking for a case? Can’t find it in your reporters?More and more cases are available in the electronic format only. Please contact

NYCLA’s Reference staff to help you find these often mentioned, yet unpublished

cases, online.

Clerkships for law school graduatesThe New York County Commercial Division of the New York State Supreme Court is offering

one- and two-year clerkships to law school graduates. These clerkships offer an invaluableexperience for new attorneys, particularly those interested in commercial law. Those who com-plete the internships can make significant contributions to the resolution of major cases andgain a thorough practical understanding of commercial litigation. Law clerks will be exposed tothe judicial process in commercial cases, the operation of the courts and the work of firms prac-ticing law at the highest professional level.

To be eligible, applicants must receive a Juris Doctor degree from a fully accredited lawschool by the spring of 2008 and file their application package by September 7, 2007 for positionsbeginning September 2008. Clerkships will be offered for one and two years, with an annual salaryof $58,355. Clerkships include a comprehensive benefits package.

Application packages should include:● Current resume, law school transcript (unofficial copy will suffice) and writing sample(unedited).● Two letters of recommendation from law school professors If you have been practicing lawfollowing receipt of a J.D. degree, letters from legal employers may be substituted.● Cover letter indicating qualifications and demonstrated interest in commercial law.

Submit application packages to:Lauren DeSole, Esq.Division of Human ResourcesNYS Office of Court Administration25 Beaver StreetNew York, NY 10004

More information about the Commercial Division is available at www.nycourts.gov/comdiv.

10 J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r

P A S T E V E N T S

Law and Literature Award Reception

On May 31, NYCLA presented Anthony Lewis,former New York Times columnist and two-timePulitzer Prize winner, with its fourth annual Lawand Literature Award. Author of The New YorkTimes’s Op-Ed column “Abroad at Home,” Mr.Lewis was a Times columnist for 32 years. Priorrecipients of NYCLA’s Law and Literature Awardhave been Louis Auchincloss, Louis Begley andProfessor Lawrence Joseph.

In his acceptance speech, Mr. Lewis reminiscedabout conversations he had had with SupremeCourt justices and discussed several Supreme Courtcases dealing with the Constitutional right of freeexpression. Among the cases he discussed were:Abrams v. United States (1919), in which peoplewho protested President Woodrow Wilson’s deci-sion to dispatch troops to Russia after the BolshevikRevolution were found guilty because they had crit-icized the government; Minersville School District v.Gobitis (1943), in which the Court ruled thatJehovah’s Witnesses could be forced against theirwill to salute the flag; and New York Times v.United States (1971), in which the Court decidedthat The New York Times could not be enjoinedfrom publishing the Pentagon Papers, the secretofficial history of the origins of the Vietnam War.

NYCLA FEDERAL COURTS COMMITTEE

NYCLA’s Federal Courts Committee hosts summer party - Elliot Wales receives David Y. Hinshaw Award

The Federal Court Committee’s third annual summer party was held on June 18 at Battery Gardens Restaurant,located at the foot of the Battery. The event was sold out with 56 guests in attendance. The party began with anopen bar cocktail reception in the garden overlooking the Statute of Liberty, Governor’s Island and New YorkHarbor, followed by dinner in the restaurant’s private dining room. A good time was had by all. The Committeethanks Rolande Cutner for organizing this event.

The Committee presented the second annual David Y.Hinshaw Award to Elliot Wales (far left) for his conspic-uous and outstanding service at the event. JoiningCommittee Chair Thomas V. Marino (in the middle),partner at Dunnington Bartholow & Miller LLP, to presentthe award to Mr. Wales was Catherine A. Christian (farright), NYCLA President. The party marked the 20thanniversary of Mr. Wales’ appointment as chair of theFederal Courts Committee and his 50th anniversary as aNYCLA member. Mr. Wales remains an active committeemember; this spring, he organized and co-chaired withMagistrate Judge Lois Bloom a well received eveningforum at NYCLA on habeas corpus.

If you would like to become a member or learn moreabout the Federal Courts Committee, please contactHarriet Astor, Director of Membership, at 212-267-6646,ext. 212 or hastor@nycla.org.

Committee Chair: Thomas V. MarinoCommittee Secretary: David Y. HinshawChair of the Spring Lecture Series: Joel SilversteinChair of the Subcommittee on Proposed Rule 502 of Federal Rules of Evidence: Clement ColucciChair of the Electronic Case Filing Subcommittee: Gregg KanterChair of the Newsletter Subcommittee: TaeRa FranklinChair of the Federal Rules of Civil Procedure Subcommittee: David KoenigContributing Editor: TaeRa Franklin

Hon. Sheila Abdus-Salaam (left), New York StateSupreme Court, and Hon. Bernard Fried (center), NewYork State Supreme Court, spoke with Hon. JuanitaBing Newton (right), New York State DeputyAdministrative Judge for Justice Initiatives, andAdministrative Judge for the Criminal Court of NewYork City, who chaired this year’s program.

Hon. Denny Chin (fourth from left), U.S. District Judge,spoke about Cross Examining a Witness at the June 27luncheon. He is accompanied by his summer interns(from left): Robert Thony, Katrina Hazlett, Derek Kelly,Carolyn Sha, Rachel Kaufman and Kate Rose.

Lunch With a Judge – Summer Associates’ ProgramNYCLA held its 15th annual Lunch with a Judge Program for summer associates in June.

NYCLA co-sponsors reception launching NY Legal EducationOpportunities Fellows program

NYCLA, the New York State Judicial Instituteand the Franklin H. Williams JudicialCommission on Minorities hosted a receptionlaunching the New York Legal EducationOpportunity Fellows program on June 20 atthe Association’s Home of Law. The Fellowsprogram is an intensive, six-week summer pro-gram offered by the Institute for minority,low-income or educationally disadvantagedstudents who have been accepted or have anapplication pending at a New York City law

school. In addition to classroom instruction, fellows have the opportunity to visit courts in session and meetwith members of the judiciary.

Reception attendees included (from left to right): Hon. Delores J. Thomas, Judge, Kings County, Civil Court ofNew York City; Beverly McQueary Smith, Professor of Law, Touro Law Center; Catherine A. Christian, NYCLAPresident; Hon. Carol A. Stokinger, Judge, Family Court of New York City; Hon. Abraham G. Gerges, Justice,Supreme Court, Second Judicial District; Hon. Lewis L. Douglass, Justice, Supreme Court, Eleventh JudicialDistrict; Hon. Yvonne Lewis, Justice, Supreme Court, Second Judicial District; Hon. Lottie E. Wilkins, Justice,Supreme Court, First Judicial District; Hon. Doris Ling-Cohan, Justice, Supreme Court, First Judicial District; JoyBeane, Assistant Dean for Career Development, Pace Law School; Hon, Sylvia G. Ash, Judge, Kings County,Civil Court of New York City; Joyce Y. Hartsfield, President, Bronx County Bar Association; Hon. John B.Garrity, Judge, Poughkeepsie City Court; Hon. Joseph Capella, Judge, Housing Court, Civil Court of New YorkCity; and Hon. George Daniels, Judge, United States District Judge.

Anthony Lewis (at left), Law and LiteratureAwardee, poses with Daniel Kornstein (on theright), Chair of the Law and LiteratureCommittee.

Matrimonial Law SectionNYCLA’s Matrimonial Law Section held its annualcocktail party and award reception on June 14,and honored Hon. Sondra Miller (fourth from theleft), Associate Justice, Appellate Division, SecondJudicial Department, Chair of the MatrimonialCommission, Director of the Office of FamilyServices, Judge-in-Residence, Pace Law Schooland Chief Counsel to McCarthy Fingar in WhitePlains. Among the attendees were (from left toright): Catherine A. Christian, NYCLA President;Charlotte C. Lee, Reception Co-Chair; ElliotWiener, Section Co-Chair; Susan Y. Kunstler,Section Co-Chair; and Rita W. Warner, ReceptionCo-Chair. The event was held at the Seaman’sInstitute at the South Street Seaport.

J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 11

Ancestral tenants of presentday 14 Vesey Street

by K. Jacob Ruppert, J.D.

12 Vesey StreetOne of the earliest tenants of what is

now the eastern third of NYCLA’sbuilding was Bininger & Cozzens, which,according to advertisements in the early1850s, was a wine and mineral water dis-tributor and the sole agent in the easternU. S. for Longworth’s Ohio Wines.Another tenant was Moulton, Plimpton,Williams & Co., importers and jobbers ofdry goods. Formerly at 47 Broadway, it hadmoved in on May 15, 1853 and occupiedthe ground and second floors of 12 Veseyall the way through to 6 Barclay Street. Itboasted stock numbers and price tags onall items and a sales slogan – “one man’sdollar is as good as another’s.” It was per-haps the largest dry goods store in thedowntown area with 10,000 square feetand eight departments: print and gingham,dress goods, woolen goods and menswear,domestic goods, carpet and oil cloth, whitegoods and embroidery, hosiery and gloves,and Yankee notions.The store signed a six-year lease but within a year it found itselfadvertising for subtenants to help pay therent. By October of 1854, it had vacatedthe building and subsequently advertisedfrantically for lessees. The space still lentitself to dry goods as the Cooperative DryGoods Store began advertising at thataddress in the Brooklyn Daily Eagle byMarch of 1869.

12 Vesey Street also had its share ofwoes. Fire had badly damaged part of it inJune of 1890 when the top floor, in theoffices of cane makers, Schlichting &Rendsburg, caught fire. The fire had burstthrough the skylight and ignited the tar onthe roof of the Astor House Hotel,sending top-floor guests into a panic.Other tenants of 12 Vesey who suffereddamage were Isaac Somers & Company,an international wine and liquor mer-chant, and E. B. Benjamin & Company, a

chemical supply dealer and owner of 12Vesey and 6 Barclay Streets. Isaac Somers& Company was founded by its namesakein 1866 after he arrived from his nativeGermany in about 1848. Edmund BurkeBenjamin (1828-1894) was a Canadianwho had moved to San Francisco in 1854in the wake of the Gold Rush and devel-oped a successful business in wholesalemerchandise. He returned to New YorkCity in 1857, where he quite successfullyengaged in the retail sale of specialtychemicals under the name of E. B.Benjamin & Company. The GermanElectric Agency moved in on May 1, 1892selling “electric belts and appliances” thatclaimed to cure dyspepsia, kidney disease,constipation, rheumatism, sciatica,“falling of the womb” and “suppressedmenses,” to name a few.

More dramatic stories of 12 Veseyinclude “The Vesey Street Catastrophe,”which occurred at 5:00 p.m. on April 23,1853. Stephen Kennedy, a 20-year-old Irishimmigrant who had arrived in Americatwo months earlier, was painting thefaçade of the building from a scaffoldwhen a rope failed. Mr. Kennedy and twoof his co-workers fell 50 feet. The youngIrish immigrant died upon impact; his co-workers died shortly after. The event wascovered by The New York Times and theNew York Illustrated News.

14-16 Vesey StreetThis address, encompassing the western

two thirds of the present building, was pri-marily a retail space for dry goods and foodsduring the mid-19th century. Besides theWashington Market, the anchor store on theblock was the Great Atlantic & Pacific TeaCompany, now known as A&P, the world’slargest grocer. Perkins, Stern & Company, alarge distributor of California wines (and asubsidiary of Kohler & Frohling &Company), was a tenant at this time.“[T]ake the pure juices of the native grape,”it urged, “and you will promote the truesttemperance!” By the 1880s, the first block ofVesey Street turned toward the printing andbookbinding industries that supported the

growing publishing empires of Park Place.Vesey Street was dominated by this industryuntil 1900. A few of the publisher-tenantsthat called 14-16 Vesey Street home duringthe Gilded Age were Grogan & Murtha,Thitchner & Glastaeter, S.T. Miis, Rogers &Sherwood, Central Press & Publishing (at12 Vesey) and the Architectural RecordCompany, whose monthly ArchitecturalRecord, later bought byMcGraw-Hill, isstill publishedtoday.

Started in1862, Thitchner& Glastaeterwas a printingc o m p a n ywhose co-owner andartist, JamesGlastaeter, wasknown form a k i n gimprovementsin roller boxesand job pressesin the industry.He apprenticedwith Thomas E.Sutton inMorrisania and,like many otherVesey Street mer-chants, lived in Rutherford Park, NewJersey. While rushing to catch the midnightelevated train at “Bleecker-street andSouth Fifth-avenue,” he fell to his death.The bookbinding firm of S. T. Miis had acomparable employee mishap when, inAugust of 1883, 23-year-old Henry Gracewas loading books onto the dumbwaiter(surely not physically far from the one nowwithin the walls of NYCLA). He climbedinto it to better arrange the cargo and thecable broke, whereupon he fell and dislo-cated his left hip and broke several ribs.

As in 1873, the great economicdepression of 1893 caused many tenantsof 12-14-16 Vesey Street to fail. Canda &Kane, dealers in building materials,folded in October of 1893, as did manyof the smaller publishing operations inthe area. One example was the notablepublisher J. W. Lovell. Born in Montreal,John Wurtele Lovell (1853-1932) cameto Manhattan in 1878 to open his pub-lishing firm and moved to 14 VeseyStreet in 1882. In an effort to makeclassic literature affordable, he createdLovell’s Library, a literary classics seriesin paperback that he sold for 10 to 30cents each. Lovell was the first Americanpublisher of Rudyard Kipling and J.M.Barrie. At the crest of his business in the1880s, he was selling 7,000,000 booksannually and his 14 Vesey Street storehad 4,000 titles on hand. Gradually, hisinterests expanded and he foundedmany subsidiary firms that wereabsorbed into the U.S. Book Company,for which he served as president. TheU.S. Book Company failed in the panicof 1893 and thereafter he devoted him-self to his real estate interests. A newtenant of a completely different char-acter moved into the former Lovellspace in the summer of 1895. The VeseyStreet Cycle Company offered a retailbicycle shop and riding school to com-plement its “uptown” location atLexington Avenue and 43rd Street.

Kindly vacate the premises…

William Nelson Cromwell Purchases 12,14 and 16 Vesey Streets

In February 1924, William NelsonCromwell, who was a NYCLA VicePresident (1921-1927), told the NYCLABoard that he would contribute $125,000to the building fund. In December 1924,Cromwell modified his pledge and said hewould increase it by $5,000 if the Board

agreed to the condi-tion that the buildingthe Association pur-chased would neverbe used for “busi-

ness, restau-r a n t , … o rc o m m e r c i a lpurposes.” Atthe Decemberm e e t i n g ,N Y C L A ’ sImmediate PastP r e s i d e n t ,Charles Strauss(1921-1923), said

that he would con-tribute $100,000 tothe building fund infour annual install-ments of $25,000.

Subsequently, at theMay 1926 Board

meeting, directors read a letter fromCromwell, who announced that he was

purchasing 12, 14 and 16 Vesey Streets for$450,000 and offered to sell 14 VeseyStreet to the Association at his cost, pro-vided that the NYCLA Board agreed tothe condition that “the plans, design, archi-tect and the like respecting the lawbuilding, if erected on this site, be subjectto my approval.” The Board acceptedCromwell’s proposal and in August 1926,Cromwell closed on his purchase of theVesey Street properties. He selected CassGilbert, one of the most prominent archi-tects in the world at that time, to be thearchitect for the Home of Law. Then, inFebruary 1927, the Board exercised itsoption to purchase 14 Vesey Street. In May1927, Cromwell became NYCLA’s 12thpresident.

Meanwhile, in 1926, tenants had beengiven their walking papers and werestarting to look for other addresses.Goodenough & Woglom (G&W), dealersin history learning aids and Sunday schoolsupplies, moved from 14 Vesey to 296Broadway. G&W had been doing businessin lower Manhattan for nearly 80 years.Progenitor Edward Goodenough at thetime of his death was the oldest booksellerin New York, having begun his apprentice-ship in 1823 with the Methodist BookConcern (still in operation at 150 FifthAvenue). He worked for the Methodistsuntil he partnered with H. Frank Woglomin 1850 and opened Goodenough &Woglom at 122 Nassau Street. The firmfocused primarily on religious publicationsbut branched out in the early 1880s whenGoodenough’s son-in-law, William Harris,joined the firm and started a monthly mag-azine called Woman. The firm continueduntil the 1940s.

Another notable ousted tenant wasKeeler’s Art Gallery and AuctionRooms, which occupied the first floorand basement of 12 Vesey. For more than50 years, it had been a resort for the busi-ness class, who were interested in art andantiques of all kinds – from cigar-store

14 Vesey Street: Genealogy of an Address Part 3

In 1939, Gladys Glickman graduatedfrom college; 20 years later, she gradu-ated from law school and subsequentlyjoined NYCLA. She was a SustainingMember, solo practitioner and author ofFranchising (published by MatthewBender), first published in 1969 andupdated three times a year. Ms.Glickman died recently and, in her will,made a generous bequest to NYCLA. Aformer vice president in the legal depart-ment of Gruner & Jahr U.S.A.Publishing, Ms. Glickman had also previ-ously served as general counsel toParent’s Magazine Enterprises beforestarting her own law practice.

An expert on franchising law, Ms.Glickman researched and wrote much ofher franchising law treatise in NYCLA’sLibrary. Among the NYCLA committeesand sections to which she belonged werethe Cyberspace Law and Foreign andInternational Law Committees and the

Entertainment, Media, IntellectualProperty and Sports Law (EMIPS)Section. Ms. Glickman was an activemember of NYCLA’s Trade RegulationCommittee, participating in forums andresearching reports issued by theCommittee. She was also a member of theAmerican Bar Association’s BusinessLaw and Intellectual Property Sectionsand its Subcommittee on Franchising.

In 2004,as a member of the Illinois StateBar Association’s Standing Committee onWomen and the Law, Ms. Glickman wrote(in the Standing Committee’s newsletter):“The greatest challenge to women todayappears to be balancing career ambitionsand the desire to raise a family. This waseasier to do in the 30s and 40s when lawwas more of an entrepreneurial calling.Women were able to keep their hands in byhelping the neighbors and communitieswith their legal problems and graduallybuilding a new practice.”

Remembering Gladys Glickman,longtime NYCLA member

See VESEY STREET, Page 15

12 J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r

by Lauren Stiller Rikleen

The fantasy persists: We arrive at work, reflexively startour computers and find an automatic “Out-of-OfficeAssistant” universally displaying the following message acrossthe country: “The endless stream of emails – and the expecta-tion that people are constantly available to read them – isleading to incalculable inefficiency and impairing the qualityof life.Accordingly, if you would like to reach me, please call.”

The fantasy invariably leads to the urgent recognitionthat we must gain control over this burgeoning behemoth. Injust a few years, email has evolved from a convenient way tocommunicate into a demanding, incessant tool that hasblurred any remaining boundaries between the workday andpersonal time.

It is time to become aggressive about decreasing the tril-lions (yes, trillions) of emails sent annually. With no regu-lating body and nothing but our own self restraint to guideus, perhaps it is time to develop consensus around how weshould control – rather than be controlled by – email. Thefollowing are six suggested rules to try to reclaim controlover our computer-driven lives:

Stop the proliferation of illiteracy. We know how busyeveryone is, but there is a reason why grammar and punctu-ation were invented; they make words easier to read andcreate order out of written communications. Stop wastingother people’s time trying to discern where one sentenceends and another begins.

If you must forward nonessential emails, have the cour-tesy of deleting the endless stream of “Re: Fw: Fw:” thatprecede the text. It is a waste of the recipient’s time to end-lessly scroll down in search of an actual message. And themessage is generally lost on blackberry users, who give uprather than wait to be prompted to search “More.”

Do not “Reply All” unless you absolutely, positivelymust. Very rarely do others need to see your reply to asender’s inquiry, especially when so many group emails aresimply announcements, scheduling inquiries or a notice ofsome sort. Other people do not care that you have said“thank you” in response to the sender.

Do not use email to lessen your own burden by placing

an unnecessary burden on someone else. Too frequently,emails are now used to escape tasks by leaving the follow-up burden to others. A prime example is the email askingsomeone else to call you. Replacing telephone tag withemail tag is inefficient and annoying.

Simplify efforts to schedule calls and meetings amongmultiple parties.The only thing more inefficient than the oldway of scheduling meetings is to use email alone. A sender’semail listing preferred dates is generally followed by asteady stream of “Reply All” responses, which invariablyare not responsive to each other. Recipients then often sug-gest new dates, with no offer to coordinate the numerousoptions. Even worse, however, is the request for a meetingthat begins: “Please send me some available dates.”

Stop incorporating emails into your family life. You arenot doing your children any favor if you cannot look upfrom your hand-held device to watch their sporting events.They know your head is not lowered because you arepraying and they also see how unengaged you are in theiractivities while sitting in the stands.

The bottom line is that email should be a tool that servesus, rather than the form of slavery it has become. As we allexperience the proliferation of emails overtaking us, we needto gain control and create a more ordered cyber universe thatevolves from a common ground of email etiquette.

We cannot start soon enough. So please, email these recom-mendations to a friend. Just remove all the forwarding details.

Ms. Rikleen wrote Ending the Gauntlet: Removing Barriersto Women’s Success in the Law, a book about the institutionalimpediments to the retention and advancement of women inthe legal profession. An attorney and mediator, Ms. Rikleen isa senior partner with Bowditch & Dewey LLP and ExecutiveDirector of the Bowditch Institute for Women’s Success, whichworks with law firms and business organizations to improve theretention and advancement of women in their workplace. Aformer president of the Boston Bar Association, she has beenrecognized in Chambers USA, a guide listing America’s leadingbusiness lawyers, and The Best Lawyers in America, and is therecipient of numerous honors and awards. For more informa-tion, visit www.bowditch.com/success.

Six steps to email efficiency County LawyerEditorial Policy

The Editorial Board of New YorkCounty Lawyer welcomes the submis-sion of articles by members of the legalcommunity for inclusion in this publica-tion. Submissions will be edited and maynot be returned to the writer for approval.The Editorial Board reserves the right tomake the final decision regarding thesuitability, content and form of all sub-missions and further reserves the right toincorporate modifications and edits tosame, without prior notice to the authoror contributor. Materials accepted forpublication are assumed to be originalwork product and shall not contain, inwhole or in part, any infringing contentunless appropriate attribution and con-sents have been secured by the author orcontributor prior to submission to theEditorial Board. Unless otherwise indi-cated, all views or opinions presented aresolely those of the designated author(s)and do not necessarily represent those ofthe New York County Lawyers’Association. Material(s) accepted forpublication shall appear in print and elec-tronic formats and shall become the prop-erty of the Association once posted orpublished and may not be reprinted orotherwise utilized by any person or partyabsent the Editorial Board’s expressedwritten consent.

J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 13

To make suggestions about book pur-chases, please contact the LibraryDirector Nuchine Nobari by email atnnobari@nycla.org or by phone at 212-267-6646, ext. 201.

A STORY ON STORY - Treasure Troveof NYCLA ArchivesAmong the treasures that the NYCLALibrary owns is its unique collection ofseveral treatises written by Hon. JosephStory. It is doubtful that other librarieshave as many titles by this well-knownattorney as our Library. A collection ofhis treatises were expanded and revisedafter his death.Justice Story (1779-1845) was a legislatorand Dane Professor of Law at HarvardUniversity. At the age of 32, Mr. Story wasappointed to the Supreme Court byPresident James Madison. He wrote themajority opinion in Martin v Hunter’sLessee, 14 U.S. (1 Wheat.) 304 (1816), whichupheld the Supreme Court’s ability toreview the constitutionality of opinions bystate courts, and delivered the opinion of theCourt in United States v. Amistad, 40 U.S.(15 Pet.) 518 (1841), about a mutiny aboarda slave ship. In connection with his facultyappointment, he amassed contemporaryand historical cases, statutes and opinions ofother jurists on American and internationallaw and wrote: Commentaries on the Lawof Agency, Commentaries on the Law ofBailments, Commentaries on the Law ofBills of Exchange, Commentaries onEquity Jurisprudence and on EquityPleadings, Commentaries on Conflict ofLaws, Commentaries on the Constitution ofthe United States, Commentaries on theLaw of Partnership and Commentaries onthe Law of Promissory Notes .

Featured Internet SiteTHOMAS (thomas.loc.gov). The Libraryof Congress launched this website to makelegislative information more freely avail-able to the public. The Daily Digest, Days-in Session Calendars and House Floorprovide an account of legislative activities.The Congressional Record dating back to1989 is on the site. The CongressionalRecord Index from the current 110thCongress back to the 104th Congress(1995) can be searched or browsed by key-word with links to the full CongressionalRecord. Bill text, summary and status canbe searched from the 93rd Congress (1973)forward; multiple Congresses from the101st (1989) through the current Congressare searchable. Public laws by law number,legislation by sponsor (dating back from1973), Committee Reports printed by theGovernment Printing Office andPresidential Nominations from 1987 to thepresent have their own indexes. House andSenate roll call votes from 1989 to the pre-sent can also be accessed. Help screens areavailable and there is information on thelegislative process.

Featured TitleNew York Matrimonial Practice, 2nd edi-tion, by Willard H. DaSilva. The author hasbeen a member of the New York bar since1949, a member of DaSilva, Hilowitz andMcEvily, LLP and the Board of Editors ofthe New York State Bar Association, andeditor in chief of the Family Advocate.Thisbook is a simple, clearly written referencefor attorneys and legal assistants. Sections

begin with collaborative law and move on tocontested actions.The first part of the loose-leaf volume, Text, includes Agreements,Jurisdiction of Person and Subject Matter,Grounds for Judicial Relief, Uncontestedand Contested Action, PostjudgmentEnforcement and Modification, CounselFees, Equitable Distribution, Child SupportGuidelines, the Prenuptial Agreement, TaxConsiderations and the New BankruptcyLaw. Part Two contains a MatrimonialPractice Data Packet. Part Three is a step-by-step approach to Procedures, coveringInitial Conference, Negotiation andAgreement, Individual Assignment System,Special Rules for Matrimonial Cases,Uncontested and Contested Action,Temporary Support and Pendente LiteRelief, Custody, Enforcement andModification Proceedings, Appeals andSpecial Techniques in EquitableDistribution Litigation. Forms for all topicsdiscussed are included. Appendices includerelevant statutes and rules.

New EditionsEyewitness Identification: Legal andPractical Problems, 2007, 2ndedition(Thomson West).New Jersey Drunk Driving Laws, 2007(Thomson West).Scientific Evidence, 4th edition (ThomsonWest).Social Security Disability ClaimsHandbook, 2007 edition (Thomson West).

New UpdatesAdvising the Elderly Client (ThomsonWest). 2007 update.Age Discrimination, 2nd edition(Thomson West). 2007 supplement.Attorney’s Practice Guide toNegotiations, 2nd edition (ThomsonWest). 2007 revised chapters.Bromberg and Lowenfels on SecuritiesFraud and Commodities Fraud (ThomsonWest). May 2007 update.CLS Quarterly Update Service(LexisNexis). May 2007 update.Couch on Insurance, 3rdedition (ThomsonWest). 2007 Index and Tables update.Dollar Verdicts (Thomson West).Complete Reissue.Federal Local Court Rules, 3rd edition(Thomson West). April 2007 upkeep.Law of Reinsurance (Thomson West).2007 supplement.Legal Guide to Human Resources(Thomson West). May 2007 update.New York Limited Liability Companiesand Partnerships (Thomson West). 2007forms on CD component.New York Products Liability (ThomsonWest). 2007 cumulative supplement.New York State Workers’ CompensationLaw Annotated (LexisNexis). 2007 supple-ment.O’Neal and Thompson’s Oppression ofMinority Shareholders and LLC Members(Thomson West). 2007 cumulative supple-ment.

PeriodicalsAcademic Misconduct, AthleticsAcademic Support Services, and theNCAA, Kentucky Law Journal, vol. 95 no.2 (2006-2007).Criminal Justice and the 2005-2006Supreme Court Term, QLR, vol. 25 no. 3(2007).The Fourteenth Annual International

Review of Trademark Jurisprudence, TheTrademark Reporter, vol. 97 no. 2, (March-April 2007).Legal Aspects of Big Sports EventManagement Part I: Risk Management-Insurance Coverage for BusinessInterruption and Even Percy, Caprio andLife as Intellectual Property: Reflectionsin the Mirror of Ethics (Part One), TheSci-Tech Lawyer, (Spring 2007).Picking up the Pieces of the Gordian Knot:Toward a Sensible Merger Methodology,New England Law Review, vol. 41, no. 2(Winter 2007).Playing God: Who Should RegulateEmbryo Research, Brooklyn Journal ofInternational Law, vol. 32 no. 2 (2007).Protect Against the Surge of EmployeeRetaliation Claims, The Brief, vol. 36 no. 3(Spring 2007).Regulating Municipal Separate StormSewer Systems, Natural Resources &Environment, vol. 21 no. 4, (Spring 2007).Special Focus Issue: Trade Agreements,International Law News, vol. 36, no.2(Spring 2007).Symposium: Guantanamo: How ShouldWe Respond? Seton Hall UniversitySchool of Law. Guantanamo Teach-In,Seton Hall Law Review, vol. 37 no. 3(2007).Symposium: Intergenerational Equity andDiscounting, The University of ChicagoLaw Review, vol. 74 no. 1 (Winter 2007).Symposium 2006: Same-Sex Couples and“The Exclusive Commitment”: Untanglingthe Issues and Consequences, Rutgers LawReview, vol. 59 no. 2 (Winter 2007).The Triangle Shirtwaist Fire and theMerrill Lynch Analyst Ratings Scandal:Legislative and Prosecutorial Responsesto Corporate Malfeasance, The BrooklynJournal of Corporate, Financial &Commercial Law, vol. 1, no. 4 (Spring2007).Unique Problems With FCPA Compliancein the People’s Republic of China,Business Law Today, vol. 16, no. 5 (May/June 2007).

CLE TECH PROGRAMSIN JULY AND AUGUST

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WWEESSTTLLAAWW:: FFAAMMIILLYY LLAAWWRREESSEEAARRCCHHTTuueessddaayy,, JJuullyy 117733::0000--44::0000PPMM 1 MCLE Credit: 1 Skills; Transitional

BBAANNKKRRUUPPTTCCYY CCOOUURRTTEELLEECCTTRROONNIICC CCAASSEE FFIILLIINNGGSSYYSSTTEEMMWWeeddnneessddaayy,, JJuullyy 11881100::0000AAMM--1122::3300PPMM2.5 MCLE Credits: 2.5 Skills; Transitional

WWEESSTTLLAAWW:: IINNTTEERRMMEEDDIIAATTEEMMoonnddaayy,, JJuullyy 223333::0000--44::0000PPMM1 MCLE Credit: 1 Skills; Transitional

LLEEXXIISS:: BBAASSIICCWWeeddnneessddaayy JJuullyy 22551100::3300--1111::3300AAMM1 MCLE Credit: 1 Skills; Transitional

LLEEXXIISS:: LLAABBOORR && EEMMPPLLOOYYMMEENNTTWWeeddnneessddaayy JJuullyy 22551122::0000--11::0000PPMM1 MCLE Credit: 1 Skills; Transitional

WWEESSTTLLAAWW:: IINNTTEERRNNAATTIIOONNAALL LLAAWW

RREESSEEAARRCCHHTThhuurrssddaayy,, JJuullyy 226622::0000--33::0000PPMM

1 MCLE Credit: 1 Skills; Transitional

WWEESSTTLLAAWW:: SSEECCUURRIITTIIEESSRREESSEEAARRCCHHTTuueessddaayy,, JJuullyy 33111100::0000--1111::0000AAMM1 MCLE Credit: 1 Skills; Transitional

AUGUSTCCOOMMPPUUTTEERR AAPPPPLLIICCAATTIIOONNSS::MMIICCRROOSSOOFFTT EEXXCCEELLWWeeddnneessddaayy,, AAuugguusstt 1166::0000--77::3300PPMM

1.5 MCLE Credits: 1.5 Skills; Transitional

WWEESSTTLLAAWW:: AADDVVAANNCCEEDDTTuueessddaayy,, AAuugguusstt 771100::0000--1111::0000AAMM1 MCLE Credit: 1 Skills; Transitional

LLEEXXIISS:: AADDVVAANNCCEEDDWWeeddnneessddaayy,, AAuugguusstt 881100::3300--1111::3300AAMM1 MCLE Credit: 1 Skills; Transitional

LLEEXXIISS:: SSEECCUURRIITTIIEESSWWeeddnneessddaayy,, AAuugguusstt 881122::0000--11::0000PPMM1 MCLE Credit: 1 Skills; Transitional

LLIIVVEEDDGGAARR:: PPRREECCEEDDEENNTTRREESSEEAARRCCHH AANNDD DDRRAAFFTTPPRREEPPAARRAATTIIOONNMMoonnddaayy,, AAuugguusstt 11111111::0000AAMM--1122::0000PPMM1 MCLE Credit: 1 Skills; Transitional

WWEESSTTLLAAWW:: BBEEGGIINNNNEERRTTuueessddaayy,, AAuugguusstt 11441100::0000--1111::0000AAMM1 MCLE Credit: 1 Skills; Transitional

BBAANNKKRRUUPPTTCCYY CCOOUURRTTEELLEECCTTRROONNIICC CCAASSEE FFIILLIINNGGSSYYSSTTEEMMWWeeddnneessddaayy,, AAuugguusstt 11551100::0000AAMM--1122::3300PPMM2.5 MCLE Credits: 2.5 Skills; Transitional

IINNTTEERRNNEETT LLEEGGAALL RREESSOOUURRCCEESS::IIMMMMIIGGRRAATTIIOONNWWeeddnneessddaayy,, AAuugguusstt 115566::0000--77::3300PPMM1.5 MCLE Credits: 1.5 Skills; Transitional

IINNTTEERRNNEETT LLEEGGAALL RREESSOOUURRCCEESS:: AANNOOVVEERRVVIIEEWWTThhuurrssddaayy,, AAuugguusstt 116666::0000--77::3300PPMM1.5 MCLE Credits: 1.5 Skills; Transitional

WWEESSTTLLAAWW:: IINNTTEELLLLEECCTTUUAALLPPRROOPPEERRTTYY RREESSEEAARRCCHHMMoonnddaayy,, AAuugguusstt 22001100::0000--1111::0000AAMM1 MCLE Credit: 1 Skills; Transitional

BBLLOOOOMMBBEERRGG PPRROOFFEESSSSIIOONNAALL::IINNTTRROODDUUCCTTOORRYY CCLLAASSSSTTuueessddaayy,, AAuugguusstt 22111100::3300--1111::4455AAMM1.5 MCLE Credits: 1 Skills; .5 LawPractice Management; Transitional

WWEESSTTLLAAWW:: IINNTTEERRNNAATTIIOONNAALL LLAAWWRREESSEEAARRCCHHTThhuurrssddaayy,, AAuugguusstt 223322::0000--33::0000PPMM1 MCLE Credit: 1 Skills; Transitional

WWEESSTTLLAAWW:: BBAANNKKRRUUPPTTCCYY LLAAWWRREESSEEAARRCCHHTThhuurrssddaayy,, AAuugguusstt 33001111::0000AAMM--1122::0000PPMM1 MCLE Credit: 1 Skills; Transitional

L I B R A R Y N O T E S

14 J u l y / A u g u s t / N e w Y o r k C o u n t y L a w y e r

by Shara Siegel

DUMBO FIRST THURSDAYSFIRST THURSDAYS OF EVERYMONTH5:30-8:30 PMFront Street; Dumbo (Down Under the ManhattanBridge Overpass)FreeContact: Zannah Mass at 718-222-2500, ext. 38DUMBO’s First Thursday Gallery Walkis sponsored by Two TreesManagement and features area gal-leries. First Thursday attracts casualbrowsers, as well as serious art collec-tors, to each festive event, with gal-leries, studios and cultural organizationsin DUMBO hosting receptions andexhibition openings. First Thursdayhours for some galleries/artists mayvary during the summer and on holi-days. Gallery receptions, neighborhooddining and bars, and live music add tothe evening’s festivities.

HUDSON RIVER ROCKSThursday, Aug 9Doors open at 5:45 PMPier 54, West St. at West 14th StreetYerba Buena, Los Amigos Invisibles,Jose Conde y Ola FrescaThis Concert Series features excitingnew artists, as well as establishedfavorites, and is staged in a festival set-ting, complete with food and drink.These events promise an evening of funand entertainment.

HUDSON RIVER MOONDANCESundays, July-August 6:30-10:00 PMPier 54, West Street at West 14th Street Free Dance the night away under the starswith music from New York’s hottestdance bands on Sunday evenings – noexperience necessary. Featured stylesinclude swing, tango and salsa.

July22 Mo’ Guajiro – salsa29 Eternal Tango – tango

August5 Los Hermanos Colon – salsa12 Davie Berger and the Sultans

of Swing – swing

2007 SUMMER IN THE SQUAREEvery Wednesday from June 27through August 15Center lawn of Union Square Park on14th StreetFree View a full schedule of events atwww.unionsquarenyc.org/calendar.cfm.

Performance series ranges from music,dance, improv theater, yoga and chil-dren’s programming.

HISTORICAL LOWERMANHATTAN WALKING TOUREvery Thursday, Friday, Saturday,Sunday and Monday in July andAugust

9:00 AM-12:00 PM1633 Broadway (between 50 and 51 Streets) Advance reservations: $19 adult, $12 child under 12Contact: 570-714-4692 The tour covers some of the newest,oldest and most memorable sites in NewYork City. Among the places visited are:Ground Zero, the floor of the WorldTrade Center site and world-famousWall Street. Participants explore thehistoric areas of downtown Manhattanwith a professionally licensed New YorkCity sightseeing guide.

Ms. Siegel is the CommunicationsAssistant at the New York CountyLawyers’ Association.

Events in lower Manhattan and beyond

On July 21, NYCLA staff participated inthe JP Morgan Chase CorporateChallenge Race in Central Park. Sevenstaff members ran the 3.5-mile coursealongside a sold-out crowd of 15,000runners from 470 companies, includingsuch law firms as Kostelanetz & Fink,Proskauer Rose, Allen & Overy andKramer Levin, in addition to the U.S.Bankruptcy Court from the SouthernDistrict of New York and the Bronx DAand Kings County DA’s Office. Joiningteam captain Liana Thompson, CLE

coordinator, were Anita Aboulafia,director of communications; Bari Chase,CLE director; Sophia Gianacoplos,executive director; Nuchine Nobari,director of library services; ChretienRisley, CLE program attorney; and EricWeisser, CLE graphic designer and mar-keting specialist. The team completedthe race, enduring some trying weatherconditions. The team has already beguntraining for next year.

NYCLA running team debuts at the JPMorgan Chase Corporate Challenge Race

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Resources ReportThe Resources Report contains rec-

ommendations in three targeted areas:establishing guidelines whenGuardians Ad Litem are assigned to

cases of people with diminishedcapacity, improving coordinationbetween various governmental agen-cies and the Housing Court andexpanding use of computer technologyand resources in the Housing Court.

The Report also makes recommenda-tions for improved coordinationamong various governmental agenciesand the Housing Court and expandsthe use of computer technology in theCourt.

Guidelines for Guardians Ad Litem(GAL)

Under the leadership of Hon. FernA. Fisher, Administrative Judge of theCivil Court of the City of New York, theHousing Court has made a significantcommitment towards developing andmonitoring the Guardians Ad Litem(GAL) program. Among the Report’srecommendations is “increasing thenumber of competent, well-trainedGALS and providing adequate support,training and supervision to ensure thatthey perform their services in an appro-priate manner.” Another recommenda-tion is that “Court procedures shouldbe standardized to ensure the preserva-tion of due process rights of litigantswith diminished capacity.” The Reportfurther recommends specific proce-dures to be followed by the GALS andthe Housing Court judges.

NYCLA intends to maintain itsleadership role by pursuing the imple-mentation of recommended reformsand initiatives in the Housing Court.

Copies of the reports are available onNYCLA’s homepage (www.nycla.org)and can be downloaded.

J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 15

Protecting Judicial IndependenceWhen drafting the United States

Constitution, our founding fathers cre-ated an independent judiciary to specifi-cally uphold the values upon which ourcountry was founded. In his keynoteaddress, Hon. George Bundy Smith,Chair of NYCLA’s Justice Center,NYCLA Board member and partner atChadbourne & Parke LLP., stressed thesignificance of an independent judiciaryin this nation’s history and the need toprotect it in the future. He said, “Makeno mistake, the judiciary is threatenedtoday as it has never been.... The inde-pendence of the judiciary is in your hands

and in mine.”Hon. Francis T. Murphy, Of Counsel

for Kelley Drye & Warren LLP, the lun-cheon speaker, expanded on the confer-ence theme, saying “One truth neverchanges: You, the independent judiciary,represent the hidden soul—the con-science of America.”

More than two centuries after ourforefathers created separate branchesof government, changing times andtechnology have presented new obsta-cles to judicial independence.Throughout the conference, attacks onthe character and decisions of the judi-ciary were discussed, along with misrep-

resentation by the media and a growinglack of respect for the institution of thejudiciary. The NYCLA Task Force willreview recommendations made forways NYCLA can preserve and protectjudicial independence and report to theNYCLA Board on possible projectsand activities. The speeches of JudgeMurphy and Judge Bundy Smith appearon page 8 and are also available onNYCLA’s website, in the News &Publications section, under Speeches.

Ms. Siegel is the CommunicationsAssistant at the New York CountyLawyers’ Association.

From Page 1

NYCLA issues three reports on Housing Court ReformFrom Page 1

plane wreckage for shipment to the U.S.Danish civilian workers at Thule wereinvited to volunteer for "clean up" opera-tions but were not supplied with protec-tive clothing or warned of possibleradiation hazards.

Subsequently the U.S. monitored thehealth of all U.S. personnel involved in the“clean-up” task for radiation exposure.Denmark did nothing.

By the 1980s these Danish workersstarted to contract radiation-related cancersand illnesses. Many died but Denmark stilldid nothing to ensure the health of theThule survivors. As a result, the formerworkers formed an association and sued theDanish government in Copenhagen usingDanish counsel. During discovery proceed-ings, however, Denmark refused to handover records of radiation levels at Thuletaken at the time of crash, citing nationalsecurity. Since these records were essentialto establishing the evidentiary link betweenthe health injuries and radiation from theThule crash, the case was withdrawn.

In 1996 the EU updated itsradiation/protection policy in a complexdirective of the European Atomic EnergyCommunity (EURATOM), which wasestablished by the 1957 EURATOM Treaty.In Directive 96/29, which became effectivein 2000, member states were required toidentify population groups potentiallyexposed to radiation in the past and initiatecontinuous medical monitoring for the earlydetection and treatment of radiation-linkedconditions. The directive also required themonitoring physicians to have access torecords of radiation levels to which the pop-ulation group(s) were exposed.

Denmark refused to comply with thedirective. Accordingly, I moved to enforcethe directive against Denmark before theEU Parliament in Brussels. Under therules of the EU Parliament, any EU cit-izen or resident can bring member stateviolations of EU law to the attention ofthe Parliament by petition procedures.

In 2002 the petition was filed with the EUParliament's Petition Committee.Thereaftera complex legal argument ensued onDenmark's EURATOM Treaty liability for

the 1968 incident. The issue was whetherDenmark was liable under Directive 96/29for a radiological incident that occurredbefore its accession to the EURATOMTreaty. I argued for the petitioners thatDenmark was liable under the directive tomonitor the current effects of past radiolog-ical incidents, irrespective of when they hadarisen. The Petitions Committee referredthis to the EU Parliament’s Legal Service.The Legal Service lawyers offered two opin-ions, both of which supported the peti-tioners’ argument.

In an unusual move, the PetitionsCommittee appointed an investigative rap-porteur to compile a report.This report anda resolution calling for Denmark to complywith the directive were subsequentlyreferred by the Petitions Committee to theEU Parliament in a plenary session for avote on Denmark's liability. Following theresounding victory on May 10, 2007 findingDenmark liable for not implementing med-ical monitoring of former Danish workers,the report and resolution were sent to theDanish government for a formal response.Seasoned political commentators inBrussels have suggested that if Denmarkfails to comply with the EU Parliament’sresolution, a supranational political solu-tion may be imposed on it where beforeonly legal issues were involved.

Mr. Anderson is a former co-chair ofNYCLA’s Foreign and International LawCommittee.

Greenland in the 1960s

Petition filed on behalf of Danish workersFrom Page 8

wooden Indians and marble statutes tooil paintings of the greater and lessermasters. George W. Keeler began andended the business at this address andwas 85-years-old when the buildingwent up for sale. The gallery had manyimportant patrons, including pub-lishers William Cullen Bryant, JamesGordon Bennett and Henry J.Raymond. Horace Greeley, who estab-lished the New York Tribune in 1841,used to inspect the stock of old booksand fall asleep in a chair while reading.The regulars of the gallery grew toknow one another and formed “TheNut Club,” a salon of sorts of collec-tors and armchair antiquarians.

Mitchell-Rand ManufacturingCompany, manufacturer of electricalinsulation and part of a triumvirate oflocal Mitchell-Rand companies,bought the building at 51 MurrayStreet in 1929 when demolition of theVesey Street building was imminent.The business remained on MurrayStreet until 1955 and, ultimately, thebuilding was sold in 1963.

Without doubt, the most populartenant of 14-16 Vesey was the RealEstate Exchange, the heart of thecommercial auction profession of theday. Owned by the Auctioneers’Association, nearly all real estate auc-tions, both private and public, wereconducted here. Formerly located inthe “stuffy” quarters at 161 Broadwaybetween Liberty and CortlandtStreets, the Exchange moved to 14-16Vesey Street in 1905, lured by biggerand brighter auction rooms. The movenearly five blocks north was a gambleas the real estate market was concen-trated farther down Broadway. Ashoped, the real estate market followedand the building quickly becameknown as the Vesey Street Salesroom.Of course, when 14-16 Vesey wasbought by Cromwell, the Exchange

had to begin its search for quartersanew. However, fortune smiled againas the Exchange found space on thenext block at 56 Vesey, on land nowoccupied by the U.S. Post Office. TheExchange had moved out bySeptember 1, 1926 (about threemonths after the sale to Cromwell)and remained down the street untilMay of 1931, when its building wasbought by the federal government tobuild the post office, a WPA project.Its later successive addresses were 18Vesey (1931) and 20 Vesey (1941). TheExchange remained on Vesey Streetuntil the mid 1950s.

Of course, the rich history of 12-14-16 Vesey Street did not end in 1926. OnMay 26, 1930, the Home of Law was for-mally dedicated, with PresidentCromwell presiding over the ceremony.NYCLA has contributed exponentiallyto the glory and history of New YorkCity for nearly 100 years and will cer-tainly continue to be the nucleus of thelegal profession in lower Manhattanand beyond. I am honored to haveserved the Association and, in a smallway, to have contributed to theanthology of memories of these threepatient and plain plots of property.

K. Jacob Ruppert, Esq. is the judiciallaw clerk to Hon. Stephen B. Beasleyof the 11th Judicial District Court ofthe State of Louisiana and served assenior program attorney for the NewYork County Lawyers’ Association’sCLE Institute from 2001-2004. Born inNew Orleans, he comes from a deeplyrooted New York family and is anardent historian of lower Manhattanand Yorkville. His current writing pro-jects include articles on the lateJustice Fred J. Cassibry of Louisianaand the forgotten estates of PointView in Rumson, NJ and Linwood inRhinebeck, NY. Mr. Ruppert can bereached at jacob@jacobruppert.com.

14 Vesey StreetFrom Page 11

JULY

FFrriiddaayy,, JJuullyy 2200 && MMoonnddaayy,, JJuullyy 223399::0000 AAMM -- 55::0000 PPMMBBRRIIDDGGEE--TTHHEE--GGAAPP 11:: AA PPRROOGGRRAAMM FFOORR NNEEWWLLYYAADDMMIITTTTEEDD AATTTTOORRNNEEYYSS –– TTWWOO--PPAARRTT CCOOUURRSSEE16 MCLE Credits: 3 Ethics, 6 Skills, 2Law Practice Management, 5Professional Practice; Transitional &Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree 77//1188))Member: $255 Non-Member: $355RReeggiissttrraattiioonn FFeeee ((77//1199 -- 77//2200))Member: $280 Non-Member: $380SSiinnggllee DDaayy ((88 MMCCLLEE ccrreeddiittss))Member: $175 Non-Member: $275

WWeeddnneessddaayy,, JJuullyy 225588::3300 -- 1111::0000 AAMMBBRREEAAKKFFAASSTT WWIITTHH NNYYCCLLAA::VVIIDDEEOO RREEPPLLAAYY-- EETTHHIICCAALLAAPPPPRROOAACCHH TTOO PPRREEPPAARRIINNGG OORRCCOOAACCHHIINNGG TTHHEE WWIITTNNEESSSS 2.5 MCLE Credits: 2.5 Ethics; Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree 77//2233))Member: $95 Non-Member: $125RReeggiissttrraattiioonn FFeeee ((77//2244 -- 77//2255))Member: $120 Non-Member: $150

FFrriiddaayy,, JJuullyy 227788::3300 -- 1111::3300AAMM && 22::0000 -- 55::0000PPMM

VVIIDDEEOO RREEPPLLAAYY MMAARRAATTHHOONN:: CCOO--OOPPSS && CCOONNDDOOSS AANNDDAADDVVAANNCCEEDD IISSSSUUEESS IINN CCOO--OOPP&& CCOONNDDOO PPRRAACCTTIICCEE –– TTWWOO--PPAARRTT CCOOUURRSSEE6 MCLE Credits: 5 ProfessionalPractice; 1 Skills; Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree 77//2255))Member: $125 Non-Member: $165RReeggiissttrraattiioonn FFeeee ((77//2266 -- 77//2277))Member: $150 Non-Member: $190

TTuueessddaayy,, JJuullyy 3311 && AAuugguusstt 77WWeeddnneessddaayy,, AAuugguusstt 11 && AAuugguusstt 8855::3300 -- 99::0000 PPMMVVIIDDEEOO RREEPPLLAAYY MMAARRAATTHHOONN::CCIIVVIILL TTRRIIAALL PPRRAACCTTIICCEE IINNSSTTIITTUUTTEE –– FFOOUURR--PPAARRTTCCOOUURRSSEE14 MCLE Credits: 3 Ethics; 5 Skills; 2Law Practice Management; 4Professional Practice; Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree 77//2299))Member: $125 Non-Member: $165RReeggiissttrraattiioonn FFeeee ((77//3300 -- 77//3311))Member: $150 Non-Member: $190

AUGUST

FFrriiddaayy,, AAuugguusstt 33 && AAuugguusstt 110099::0000 AAMM -- 55::0000 PPMMBBRRIIDDGGEE--TTHHEE--GGAAPP 22:: AA PPRROOGGRRAAMM FFOORR NNEEWWLLYYAADDMMIITTTTEEDD AATTTTOORRNNEEYYSS –– TTWWOO--PPAARRTT CCOOUURRSSEE

16 MCLE Credits: 3 Ethics, 6 Skills, 2Law Practice Management, 5Professional Practice; Transitionaland Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree 88//11))Member: $255 Non-Member: $355

RReeggiissttrraattiioonn FFeeee ((88//22 -- 88//33))Member: $280 Non-Member: $380SSiinnggllee DDaayy ((88 MMCCLLEE ccrreeddiittss))Member: $175 Non-Member: $275

TTuueessddaayy,, AAuugguusstt 1144 && AAuugguusstt 2211WWeeddnneessddaayy,, AAuugguusstt 1155 && AAuugguusstt 222255::3300 -- 99::0000 PPMMVVIIDDEEOO RREEPPLLAAYY MMAARRAATTHHOONN::CCRRIIMMIINNAALL TTRRIIAALL AADDVVOOCCAACCYYIINNSSTTIITTUUTTEE –– FFOOUURR--PPAARRTTCCOOUURRSSEE13.5 MCLE Credits: 3 Ethics; 5 Skills;2 Law Practice Management; 3.5Professional Practice; Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree 88//1122))Member: $125 Non-Member: $165RReeggiissttrraattiioonn FFeeee ((88//1133 -- 88//1144))Member: $150 Non-Member: $190

TThhuurrssddaayy,, AAuugguusstt 116688::3300 -- 1111::0000 AAMMBBRREEAAKKFFAASSTT WWIITTHH NNYYCCLLAA::VVIIDDEEOO RREEPPLLAAYY-- HHOOWW TTOO PPRROOTTEECCTT YYOOUURR LLAAWW LLIICCEENNSSEE 2.5 MCLE Credits: 2.5 Ethics; Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree 88//1144))Member: $95 Non-Member: $125

RReeggiissttrraattiioonn FFeeee ((88//1155 -- 88//1166))Member: $120 Non-Member: $150

TThhuurrssddaayy,, AAuugguusstt 223388::3300 -- 1111::0000AAMM && 22::0000 -- 44::3300PPMMVVIIDDEEOO RREEPPLLAAYY MMAARRAATTHHOONN::RROOCCKK SSTTAARRSS OOFF RRAAIINNMMAAKKIINNGG::HHOOWW TTHHEE BBEESSTT AATTTTOORRNNEEYYSSAATTTTRRAACCTT CCLLIIEENNTTSS && GGEENNEERRAATTEE BBUUSSIINNEESSSS-- 22000066//22000077–– TTWWOO--PPAARRTT CCOOUURRSSEE5 MCLE Credits: .5 Ethics; 2.5 Skills;2 Law Practice Management; Non-TransitionalEEaarrllyy RReeggiissttrraattiioonn ((oonn oorr bbeeffoorree88//2211)) Member: $125 Non-Member: $165RReeggiissttrraattiioonn FFeeee ((88//2222 -- 88//2233))Member: $150 Non-Member: $190

Please Note: Transitional courses areappropriate for newly admittedattorneys. Non-transitional coursesare not acceptable for newlyadmitted attorneys. Transitional andnon-transitional courses are appro-priate for both newly admitted attor-neys and experienced attorneys.

J u l y / A u g u s t 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 17

DIRECTIONS TO

NYCLANYCLA is located at 14 VeseyStreet between Broadway andChurch, across the street fromSt. Paul’s Chapel and aroundthe corner from City Hall.By Subway: 2 and 3 to ParkPlace; A, C and E to ChambersStreet; 4, 5 and M to Fulton Street.By Bus: M103 to City Hall; M1and M6 to Fulton Street

SUBSTANCE ABUSEHOTLINE

Attorneys, judges, law stu-dents and members of theirimmediate families can getconfidential help with alcoholor substance-abuse problems24 hours a day, seven days aweek, by calling the toll-freehotline 800-255-0569.

July 1-15Mara Davis

917-626-2838

July 15-31Cecilia Fanelli212-806-6158

August 1-15Melissa Blades212-715-9212

August 16-31David Wirtz212-583-2699

ETHICS HOTLINE

*Questions to the Hotline are limited to an inquiring attorney’s prospective conduct. TheHotline does not answer questions regarding past conduct, the conduct of other attorneys,questions that are being litigated or before a disciplinary committee or ethics committee,or questions of law. This notation shall not be construed to contain all Hotline guidelines.For a full discussion of Ethics Hotline guidelines, please see “Guidelines on NYCLA’sEthics Hotline, September 2006, New York County Lawyer, Vol. 2, No. 7.

CLE PROGRAMS IN JULY AND AUGUSTFrom Page 9

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